Constitution of India

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CONSTITUTION OF INDIA
UNIT 01
Constitution Meaning
The word Constitution is developed from the word Constitute, which means to frame or
to establish or to compose. According to the Oxford English Dictionary, Constitution
means a system, according to which the laws and principles of the State is governed.
It is a set of fundamental rules according to which the government of a State. It is a
document which contains the rules and regulations guiding the administrations of a State. It
defines the relationship between the rulers and the ruled and how rulers are created in the
country.
Importance of Constitution
Today, mostly every democratic country has a constitution which is a vital document,
according to which the country carries out its operations. Constitution protects the rights of
the citizens of a concerned nation, irrespective of their religion, caste, creed, sex or physical
appearance. A constitution, thus, can be safely said to be a social contract between the
government and the people it governs. It can also be deemed as the fundamental underlying
framework of government for a nation.
In a constitutional country therefore, every person is treated equally, regardless of his office
or position and is expected to abide by higher law. For instance, the constitution of United
States, besides establishing the governments power also cites the fundamental rights
belonging to the people who reside within its borders.
Significance of Constitution
The primary function of a constitution is to lay out the basic structure of the
government according to which the people are to be governed. It is the constitution of
a country, which establishes the three main organs of the government, namely, the
legislature, executive and judiciary.
The constitution of a country not only defines the powers allotted to each of the three
main organs, but it also significantly makes a clear demarcation of the
responsibilities assigned to each of them. It effectively regulates the relationship
between these organs as well as the relationship between the government and its
people.
Since the countrys constitution stands superior to all the laws framed within the
territorial precincts of the country, any law enacted by the ruling government has to be
in conformity with the concerned constitution. As such, the citizens would, in turn,
be abiding by not just the law, but also working in sync with the demarcations of the
constitution laid by the country.
The constitution does not simply provide a recipe for an efficient government, but also
deals with limitations on power. Since power corrupts and absolute power corrupts
NEW ALLIANCE COMMERCE COLLEGE, CHANNARAYAPATNA
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absolutely, a constitution is established to restrict the abuse of power by those who

conduct governmental functions.
The constitution of a particular country lays down the national goals which form the
basic edifice on which the nation rests upon. For instance, the constitution of India has
inscribed in it the primary facets of the nation which are democracy, socialism,
secularism and national integration.
A constitution, besides thrusting on the rights of the citizens of the concerned nation,
also has embedded in it the duties that the citizens require to adhere to as well.
To delimit the power of the government as a whole and of its various organs such as
executive, legislature and judiciary and to establish the rule of law and not the rule of
man.
To provide against the encroachment on the individuals right by the government.
To preserve the political institution against political whim or caprice.
To uphold the socio-political ideals of the community.
Making or Framing of Indian Constitution

World War II in Europe came to an end on 9th May, 1945. In July, a new Government came
to power in the United Kingdom. The new British Government announced its Indian policy
and decided to convene a Constitution Drafting Body. Three British Cabinet members were
sent to find a solution to the question of Indias Independence. This team of Ministers was
called the Cabinet Mission. The Cabinet Mission discussed the framework of the
Constitution and laid down in some detail the procedure to be followed by the Constitution
Drafting Body.
The Constitution of India was drawn up by a Constituent Assembly (established in
accordance with the Cabinet Mission Plan) initially summoned on 9th December, 1946,
under the Presidentship of Sachidananda Sinha, for undivided India in the Constitution Hall
(now it is called as Central Hall of Parliament House). On 1st July, 1947, the British
Parliament passed the Indian Independence Act, to divide into India and Pakistan. With the
partition of India, the representatives of East Bengal, West Punjab, Sind and Baluchistan,
NWFP and the Sylhet district of Assam, which joined Pakistan, ceased to be members of the
Constituent Assembly. On 14th August, 1947, the Constituent Assembly met again as the
Sovereign Constituent Assembly for the dominion of India under the Presidentship of Mr.
Sinha. On the demise of Mr. Sinha, Dr. Rajendra Prasad became the President of the
Constituent Assembly (11th December, 1946). A Draft Constitution was published in
February, 1948. 284 out of 299 members appended their signature to the Constitution and
finally adopted it on 26th November, 1949. It came to effect on 26th January, 1950. The
Constituent Assembly took almost three years (two years, eleven months and eighteen days
to be precise) to complete its historic task of Drafting the Constitution for Independent India.
During this period, it held eleven sessions covering a total of 166 days. Of these, 114 days
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were spent on the consideration of the Draft Constitution. Its sessions were open to the press
and the public.
Draft Constitution by Drafting Committee
The work started with the presentation of the Objective Resolution moved on 13th
December, 1946 by Pandit Jawaharlal Nehru and was adopted on 22nd January, 1947. The
Committee for scrutinizing the Draft Constitution and suggesting Amendments was formed
on 29th August, 1947. The Draft was readied by February, 1948. The Constituent Assembly
met thrice to read the Draft clause-by-clause in November, 1948, October, 1949 and
November, 1949. After the third reading, it was signed by the President and adopted on 26th
November, 1949. In fact, a Committee on Rules of Procedure was in place as early as
December, 1946 under the Chairmanship of Dr. Bhimrao Ramji Ambedkar and Members
were: Alladi Krishnaswami Ayyar, N. Gopalaswami Ayyangar, Dr. K. M. Munshi, Syed Md.
Saadulla, B. L. Mitter (was replaced by N. Madhava Rao) and D. P. Khaitan (was replaced
by T. T. Krishnamachari).
The Drafting Committee studied the Constitutions of number of countries like France,
Canada, USA, Switzerland, etc. and gathered the best features and adopted them for the
realization of the aspirations of the people of India in our Constitution. The result of it was
that we have one of the best Constitutions of the world today. The Indian Constitution
closely follows the British Parliamentary Model but differs from it; the Constitution is
Supreme, not Parliament. So the Indian Courts are vested with the authority to adjudicate on
the constitutionality of any law passed by the Parliament. Few like,
British Constitution
Parliamentary form of Government
The Idea of Single Citizenship
The Idea of the Rule of Law
Institution of Speaker and his/her Role
Law-making procedure
United States Constitution
Charter of Fundamental Rights, which is similar to USs Bill of Rights
Federal Structure of Government
Organization and Powers of Supreme Court
Power of Judicial Review and Independence of the Judiciary
The post of Vice President
Irish Constitution
Constitutional Enunciation of the Directive Principles of State Policy
French Constitution
Republic
Ideals of Liberty, Equality and Fraternity
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Germany Constitution
Proclamation of Emergency
Japanese and Chinese Constitution
The Idea of the Fundamental Duties
Canadian Constitution
A Quasi-federal form of Government (a Federal system with a strong Central Government)
The Idea of Residual Powers
Australian Constitution
The Idea of the Concurrent List
Freedom of Trade and Commerce within the Country and between the States
South African Constitution
Constitutional Amendments
Soviet Constitution
The Planning Commission and Five-year Plans
Main / Salient Features of Indian Constitution
1. Written and Lengthiest: It is written one and is also the lengthiest in the world.
2. Preamble: At the beginning, there is a Preamble, which is important in several aspects. It
narrates the ideals (Justice, Equality, Individual Dignity, Fraternity and National Unity) and
aspirations of the Indian people.
3. Republic: Republic: Republic: India is a Republic. As a Republic, people have a right to
form their own government and to elect the head of the government.
4. Government of the People: Government of the People: It upholds a form of government
which is of the people, by the people and for the people. People have the right to elect their
own rulers.
5. Fundamental Rights and Duties: Fundamental Rights and Duties: It has given SIX
Fundamental Rights to the citizens. The government cannot take away any of these rights.
When these rights are violated, the Judiciary would come to the rescue of the citizens. In
addition to the Fundamental Rights, it has stated TEN + ONE Fundamental Duties to be
performed by the citizens.
6. Secularism: As per the principle of secularism, the government must be impartial :
towards all the religions followed by its citizens. There shall be no State Religion. At the
same time, the government guarantees freedom of faith and worship to all citizens. However,
the government has the right to restrict religious freedom when it disturbs public peace, as
well as law and order.
7. Independent and Impartial Judiciary: Independent and Impartial Judiciary: Under the
democratic system, all citizens are equal before the law. There cannot be different sets of
laws for the different groups of people. The judiciary is expected to provide justice to all the
sections of the society. Therefore, the Judiciary is given adequate powers. The Supreme
Court acts as a guardian of the Constitution in place of the Privy Council.
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8. Universal Adult Franchise: Adult Franchise: The system of election of representatives by

all the adults of a country is called as Universal Adult Franchise. In India, an adult means
one who is above the age of eighteen.
9. Equal Rights to Women: Here, both men and women have been given equal rights. The
exploitation of women is considered an offence. Both get equal pay for equal work.
10. Eradication of Untouchability: It has prohibited the practice of untouchability in the
country. The practice is deemed a crime and offenders can be punished.
11. A Welfare State: e State: A State which aims at providing social and economic security
to all its citizens is known as a Welfare State. Social Security must be provided to the
citizens so that they would live a peaceful life. They should have employment and adequate
income, food, clothes, shelter and health care. The aged and destitute must get proper
protection. It protects the weaker sections from exploitation, and provides equal social,
economic and political opportunities to all citizens.
12. It is federal in form but unitary in spirit.
13. It is neither too rigid (as some provisions can be amended by a simple majority) nor
flexible (as some provisions require special majority for amendment).
14. The President of the Union is the Constitutional Head, the Council of Ministers or the
Union Cabinet is the Real Executive and is responsible to the Lok Sabha.
Dr.Ambedkars contribution towards Indian Constitution
On 29th August, 1947 passing one resolution the Constituent Assembly appointed a
Drafting Committee with the seven members including Dr. Ambedkar for preparing a draft
of the Constitution of the independent India. It is said when drafting of the Constitution of
India was embarked upon, Pandit Nehru and Sardar Vallabhbhai Patel thought of inviting
and consulting Sir Guor Jennings, as internationally known constitutional expert of those
times. When approached for advice in the matter Gandhiji is reported to have told them why
they should be looking for foreign experts when they had the right within India an
outstanding legal and constitutional expert in Dr. Ambedkar who ought to be entrusted with
the role which they badly need as he so richly and rightly deserved. The Law Minister Dr.
Ambedkar was appointed the Chairman of the Drafting Committee. The seven members,
including the Chairman of the Drafting Committee were as follows:
1) Dr. B.R. Ambedkar, Chairman
2) N. Goipalswami
3) Alladi Krishnaswami Ayyas
4) K.M. Munshi
5) Saijio Mola Saadulla
6) N. Madhava Rao and
7) D.P. Khaitan
The Round Table Conference The Round Table Conference was a landmark in the history of
the Indian Constitution. Being invited to discuss on constitutional matters Dr. Ambedkar
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demanded in dependence and hoped that the people of India would be able to redress their
grievances by political power and this political power will come to them under the Swaraj
constitution.
George Bancroft Role Of The Constituent Assembly In the constituent Assembly Dr.
Ambedkar played a very significant role with a lofty responsibility of drafting the
Constitution. He examined the functioning of a democratic government on the basis of
stability and responsibility.
Concept Of Federalism His concept of federalism meant that the State was a federation in
normalcy, but unitary in emergency.
Centre Was Made Strong In the Draft Constitution Dr. Ambedkar offered more powers to
the Centre and made it strong. Some members of the constituent assembly criticised him on
the ground that since Dr. Ambedkar postulated the rights and values of each individual and
the development of each province and eachvillage, it was contradictory of his part to make
the Centre strong.
Equality Of Opportunity In the Draft Constitution the Fundamental Rights, prescribed
were justifiable in the Court of Law. Of all the rights, Dr. Amebedkar observed Equality of
Opportunity as the most important one. Regarding the constitutional remedies, he
characterize Article 32 as the very soul of the Constitution and the very heart of it.
Directive Principles of State Policy The Directive Principles of State Policy contained the
positive obligations of the state towards its citizens. The Directives were meant to ensure
social and economic democracy which was secured by the provisions of fundamental rights
in a written Constitution.
Constitution: A Dynamic Document
The Constitution is a dynamic document it should grow with the growth of the nation and
should suit the changing needs and circumstance. So Dr. Ambedkar urged the necessity of
amendment.
The Draft Constitution has eliminated the elaborate and difficult procedures such as a
decision by a convention or a referendum. The power of amendment lies with the
legislatures, Central and Provincial
Dr. Ambedkar was doubtful on the Constitutional mortality of the legislatures. So he wanted
to incorporate the froms of administration in the Constitution.
Concept Of Sovereignty And Suzerainty : Dr. Ambedkars concept of sovereignty and
suzerainty and of the Indian States, i.e., integration of the native Indian Princely States which
gave the shape to the rap of India as if is today, has indeed been prophetic. So also were his
explicitly and outspoken views on what he called the biggest blunder of Partition of India.
Dr. Ambedkar forewarned his countrymen of the Consequences of partition. His questioning
of the rationale of the tow nation theory which gave birth to Pakistan was born of deep
interest in and compassion for his compatriots esp., the Scheduled castes settled for centuries
within the territorial jurisdiction of the new notion of Pakistan.
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National Integration: In the Draft Constitution Dr. Ambedkar prescribed single citizenship, a
single judiciary and uniformity in fundamental Laws to integrate Indian society which was
not only divided into caste and class, but also into regions, religions, languages, traditions
and cultures. Therefore, a strong Centre was indispensable to maintain territorial integrity
and administrative discipline.
A pragmatist to the core, Ambedkar believed that in the absence of economic and social
justice political independence would not bring about their social solidarity or, national
integration. He advocated the abolition of privileges on the basis of caste or status and
vigorously fought for the liberty and dignity of the individual. It the same time, he was
equally force-full in his advocacy of the unity of the nation. Ambedkar sought to achieve
there objectives through the constitution of India by incorporating in it the following
principles.
(1) Making the Indian constitution workable, flexible enough and strong enough to hold the
country together both in peace and war time.
(2) Providing special safeguards to the minorities and certain classes who are socially and
educationally backward.
(3) Incorporating the principle of one man, one value, and one man, one vote. Thus, the
constitution of India accepted one individual and net on village as a unit.
(4) Incorporating exceptions and qualifications to the FRs while advocating, preventive
detention and energy way powers of the president of India.
(5) Abolishing untouchability and forced labour to achieve the ideal of one man, one value,
and one man, one vote, and placing all people equal before the law; securing equal
protection of laws for every citizens as also freedom of profession and equality of
opportunity.
(6) Incorporating the right to constitutional remedies for making the right real.
The Preamble of Our Constitution
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its
citizens:
* JUSTICE, social, economic and political;
* LIBERTY of thought, expression, belief, faith and worship;
* EQUALITY of status and of opportunity; and to promote among them all
* FRATERNITY assuring the dignity of the individual and the unity and integrity of the
Nation;
The word SOCIALIST was added to the Preamble by the 42nd Amendment Act of 1976.
It implies social and economic equality. Social equality in this context means the absence of
discrimination on the grounds of caste, colour, creed, sex, religion, language, etc. Under
social equality, everyone has equal status and opportunities.
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Economic equality means that the government will endeavor to make the distribution of
wealth more equal and provide a decent standard of living for all. India has adopted a mixed
economy and the government has framed many laws to achieve the aim of socialism, such as
the Abolition of Untouchability and Zamindari, The Equal Wages Act and The Child Labour
Prohibition Act.
The word SECULAR was inserted into the preamble by the 42nd Amendment Act of
1976. Ours is Secular, which means that the State has no official religion. Here, all Indian
Constitution religions are equal. The freedom to follow any religion is guaranteed by the
Constitution. Every person has the right to preach, religion they choose. The government
must not favour or discriminate against any religion. It must treat all religions with equal
respect. All citizens, irrespective of their religious beliefs are equal in the eyes of law. No
religious instruction is imparted in government or aided schools.
India is a DEMOCRACY. The people of India elect their governments at all levels (Union,
State and Local) by a system of Universal Adult Franchise. Every citizen of India, who is 18
years of age and above and not otherwise debarred by law, is entitled to vote. Every citizen
enjoys this right without any discrimination on the basis of caste, creed, colour, sex, religion
or education. Elections are conducted once in FIVE years to elect our representatives or
Head of the State (President) and the Executive. The various policies of the State are decided
by them.
Our Constitution has upheld Equality. So, there is no scope for inequality based on race,
religion, language, sex, etc. practice of Untouchability is prohibited and it a crime.
Our Constitution assures freedom to one and all. No one is arrested without the consent
of law. All laws are equal and all are equal before law.
Our Constitution assures us the Justice: Social, economic and political through various
measures of laws; and there is no scope for exploitation of weaker sections of the society or
women. Social justice means that the state will treat all citizens as equal and will not
discriminate between them on the basis of religion, caste, gender, race, status or place of
birth. Economic justice means that the state will attempt to reduce the economic disparities
between rich and the poor and will try to bring about equality in incomes. Political justice
means that the state assures all people equal opportunities to participate in political activities.
Barker calls FRATERNITY as principle of cooperation. It includes a bunch of right to
share and enjoy the common resources and services of the Nation, like, education, police,
health and other services.
Types of Government
The Preamble lays down the type of government that India has adopted Sovereign,
Socialist, Secular, Democratic, Republic.
Sovereign: The word Sovereign means supreme or independent. India is internally and
externally sovereign externally free from the control of any foreign power and internally,
it has a free government.
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Socialist: The word Socialist was added to the Preamble by the 42nd Amendment Act of
1976. It implies social and economic equality for all its citizens. There will be no
discrimination on the basis of caste, colour, creed, sex, religion, language, etc.
Everybody will be given equal status and opportunities. The government will make the
efforts to reduce the concentration of wealth in a few hands, and provide a decent standard of
living to all. India has adopted a mixed economic model, and the government has framed
many laws to achieve the goal of socialism, such as Abolition of Untouchability and
Zamindari Act, Equal Wages Act and Child Labour Prohibition Act.
Secular: The word Secular was inserted into the Preamble by the 42nd Amendment Act of
1976. It implies equality of all religions and religious tolerance. India does not have any
official State religion. Every person has the right to preach, practice and propagate any
religion of their own choice. The government does not favour or discriminate any religion. It
treats all religions with equal respect. All citizens, irrespective of their religious beliefs are
equal in the eyes of law. No religious instruction is imparted in government or aided schools.
Democratic: India is a democratic, election from any location, specific seats are allocated
for Scheduled Castes and Tribes in Parliament called (reserved constituencies), in local body
election a percentage of seats are allocated for women candidates. There is also a proposal to
allocate 33% seats in all elections to women candidates, currently there is no consensus in
how to implement it and which seats should be allocated. The pillar of Indian Democracy is
Election Commission of India; it is one of the most trusted organizations and has been
praised by all for conducting free and fair elections.
Republic: As opposed to a monarchy, in which the Head of State is appointed on hereditary
basis for a lifetime, or until he abdicates, a Republic is a State in which the Head of State is
elected, directly or indirectly, for a fixed tenure. The President of India is elected by an
electoral college for a term of five years.
Purpose of the Preamble
It indicates the source from which the Constitution came i.e., THE PEOPLE OF
INDIA.
It declares the rights and freedom which are assured to all the citizens of the country.
Basic Structure of the Constitution
1. Federal Structure: The Constitution of India is based on a federal structure. That it is to
say there exists both State and Central forms of Governments. But though it has federal
structure, it is also has some unitary features. That is the Central Government is the Supreme
Law making authority in the country.
2. Supremacy of the Constitution: All the authorities derive their powers, rights, duties and
obligations from the Constitution.
3. Distribution of Powers: The distribution of power for running the country effectively has
been done on the Principle of Doctrine of Separation of Power. As the wordings are there
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power corrupts and absolute power corrupts absolutely. The distribution has been done in
the following basis:
Legislature to make / enact the laws
Executive to implement the laws (constitutes of government machinery like police,
public servants, etc.)
Judiciary to interpret / enforce the laws
Some Concepts of Indian Constitution
Unitary and Federal Structure: In the Unitary style, all powers are concentrated on the
Center. Due to the coordination in the decision making, this type performs better and has
higher efficiency. It is best suited for smaller countries and less populous ones like France,
etc.
In Federal style, powers are divided between the Central Government and the State
Governments. This is best suited for larger countries like India, etc. with great, cultural and
ethnic diversity.
Residual Powers: In the Federal Polity, powers are divided between the Union and State
Governments. The powers which are not mentioned in the Constitution are called Residual
powers. The Indian Constitution has accorded these powers to the Union Government.
Article 370: The Princely State of Jammu & Kashmir (J & K) was integrated with the Indian
Union under Article 370. It ensures special provisions for J & K which are not the
prerogative of the other States.
Election Commission: In order to conduct free and fair elections, the Constitution provides
for independent machinery known as The Election Commission. Toconduct elections for
the Parliament and State Legislatures, of President and Vice President and to keep vigil over
the whole process of election is the main function of the Election Commission of India. The
Chief Election Commissioner and the member Commissioners are appointed by the
President of India. The Chief Election Commissioner can be impeached and then removed
from his post only on the grounds of misbehavior or inefficiency.
Public Service Commission: The Constitution provides for the Union Public Service
Commission and the State Public Service Commissions for recruiting intelligent,
responsible, conscientious and honest administrative officers. In short, they should be person
of sound character, good social deportment, integrity as well as merit.
Ordinance: The Executive (The Ministry) has to face all of a sudden, conditions of calamity
or emergency. Under such circumstances, the President at the Center and the Governors at
the State level, issues Ordinances. But an Ordinance can remain in force for maximum six
weeks from the day of beginning of the session of the Parliament. It is sort of temporary
legislation, a make-shift but an absolutely necessary measure to ensure the stability and
security of the country.
Constituency: In order to elect the representatives of people, constituencies have to be
properly demarcated. One constituency can return (elect) only one representative. More than
one member is elected from majority of the constituencies. In India, candidates are elected
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by a simple majority. The candidate, who wins the majority of votes, is declared duly
elected. A voter casts his vote only for one candidate. Therefore, in India, there are onemember constituencies. Only one candidate is elected from one constituency. Some seats are
reserved in the Parliament and State Legislatures for the Scheduled Castes and Tribes. For
such reserved constituencies, only the candidates of Scheduled Castes and Tribes are elected.
The Ministry (The Cabinet): A Cabinet Minister has a top-ranking status. The other
sensitive and utterly important ministries such as those of Defence, Human Resources
Development, Planning, etc. are divided among various ministries and departments. The
Cabinet Minister is entrusted with the functions of special importance. Ministers of State
have a second-rank status in the ministry. The Minister of State is given independent charge
of one ministry or department. A Deputy Minister assists the Cabinet Minister and the
Minister of State as well.
The Principle of Collective Responsibility: The Ministry functions on the basis of
Collective Responsibility. Coordination in the policies is a pre-requisite for the smooth
functioning of a Ministry. It is a norm that either a Minister has to fall in line with all the
policies of the Ministry or is free to resign from the Ministry. If a Minister had committed a
serious blunder in the discharge of the duties and in the implementation of the policies, he /
she has to perforce to accept full responsibility and has to tender the resignation with
immediate effect.
Privileges of the Member of Parliament: Special privileges have been conferred on the
members of Parliament so as to enable them to discharge their duties without any hindrance.
They enjoy the immunity from arrest when Parliament is in session. They cannot be arrested
40 days before or after the session of the Parliament. But this immunity is restricted to civil
cases only. They enjoy no immunity against criminal offence or prohibitive law arrest. But,
in case, any Member of Parliament is arrested, this arrest and the nature of the offence
committed must be immediately reported to the Speaker of the Lok Sabha or the Chairman
of Rajya Sabha as the case may be. Besides, without obtaining prior permission of the
Speaker of the Lok Sabha, they cannot be arrested.
The Constitutional Bill: It can originate in any House of the Parliament.
Adjournment Motion: The proceedings of the House go according to the agenda. If a
subject that is not on the agenda but it is of urgent public interest, then with the permission of
the Speaker that subject is taken up for the immediate discussion.
Attention Motion: There are rules on the functioning of the House. Honorable members
with prior permission from the Speaker or President can set an attention motion to draw the
attention of the concerned Minister. This motion is called Attention Motion.
Motion of Censure: It is a resolution passed by a simple majority to censure the
government, its unsuccessful policies, or misbehavior of a Minister of any member of the
House. In parliamentary democracy, if such resolution is passed against the government or
Minister, it is taken as the passing of a no confidence motion against the government.
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Amendment of the Constitution

Nothing may remain static in the world. Nature demands change. A political society
undergoes changes with the passage of time. To face new problems and challenges changes
and modifications are called for in all aspects of national life. Just as the education system
gets a new look, the industrial policy changes to serve the needs of the society, changes are
required to be made in the laws and in the Constitution.
Our Constitution is a written Constitution which is federal in character. Some parts of it can
be amended by simple legislation while other parts are less flexible and require special
majority. Some parts of the Constitution may be amended with the consent of the States.
Amending Process: It may be of two types
The Imperceptible or Informal Process: This process is for changing the Constitution as a
limited role for supplementing the Constitution. Such changes can be effected by
The Courts by interpretation Changes brought by judicial interpretation give a new or
altered meaning without changing the text of the Constitution. The language of the
Constitution remains the same but in view of the prevailing circumstances and needs of the
society, the Courts give a new import to the words. Judicial interpretation is a very slow
process.
Changes in conventions and constitutional changes Conventions may sometime make
a provision of the Constitution ineffective. A convention operates within the framework of
the Constitution yet it effects and modifies it. The relation of the President with his / her
Council of Ministers, exercise of veto by the President, assent to Bills by the President or the
Governor, acceptance of the recommendations of the Finance Commission and Union Public
Service Commission, the role of the Planning Commission are all governed and guided
by conventions.
Legislation by filling gaps or supplementing the Constitution.
The Perceptible or Formal Process: Every Constitution contains a description of the
manner in which it may be changed. This involves changing the text of the Constitution to
make it reflect the new meanings required by the changes in the society or for development
of the nation. The formal process is visible. It is announced and overt process of change. It is
the most accepted way of adapting the Constitution to face new developments. Our
Constitution attaches different degrees of rigidity to different provisions of the Constitution.
Such provisions are of three types
By simple majority of the Parliament: Here, Amendments can be made by a simple
majority of members present and voting, before it sending it for the Presidents assent.
By special majority of the Parliament: Here, Amendments can be made by a two third
majority of the total number of members present and voting which should not be less than
the majority of the total membership of the House.
By special majority of the Parliament and ratification of at least half of the State
Legislatures by special majority. After this, it is sent to the President for his assent.
An Amendment to the Constitution is taken very seriously, and needs at least two-thirds
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of the Lok Sabha and Rajya Sabha to pass it. Thus, the Constitution of India is one of most
frequently amended Constitutions in the World.
The Amending Procedure: Article 368 contains the procedure to be followed to amend the
Constitution. The following is the procedure:
The Amendment is initiated by introducing a Bill for the purpose
The Bill may be introduced in either House of Parliament (A Money Bill or a
Financial Bill may be introduced only in the Lok Sabha)
The Bill must be passed by each House by special m majority (2/3rd present and
voting and more than 50% of the total membership)
In case of entrenched (unamendable) provisions, the Bill must be ratified by not less
than one half of the State Legislatures
After being duly passed and ratified, where so required, the Bill is presented to the
President
The President is bound to give assent to it (in case of an Ordinary Bill, the President
may send the Bill for reconsideration or withhold the assent)
In case of disagreement between the Houses there is no provision for joint sitting. It
must be passed by each House sitting separately.
The Bill does not require previous sanction of the President before introduction.
Overview of Constitutional Developments (or) Indian Freedom Movement (1857 to
1947)
1857-58: First War of Indian Independence / The Government of India Act, 1858 (Ended the
rule of the East India Company in India and provided for the governance of India under the
direct rule of British).
1858: British Crown takes over the Indian Government - Queen Victorias Proclamation.
1861: Indian Councils Act - Indian High Courts Act - Indian Penal Code.
1877: Delhi Durbar - The Queen of England proclaimed Empress of India.
1878: Vernacular Press Act.
1881: Factory Act - Rendition of Mysore - Mysore State restored to its original ruler.
1885: Indian National Congress - First Meeting.
1892: Indian Council Act to regulate Indian Administration.
1899: Lord Curzon becomes Governor and Viceroy.
1905: First Partition of Bengal.
1906: Formation of the Muslim League.
1908: Newspapers Act.
1909: Minto-Morley Reforms / Indian Councils Act of 1909 (Introducing the representatives
and popular government through elections).
1911: King George V & Queen Mary hold Durbar in Delhi. Partition of Bengal annulled to
create the Presidency of Bengal. The Imperial Capital shifted from Calcutta to Delhi.
1914: The First World War begins.
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1915: The Defence of India Act.

1916: Congress had entered into Pact with Muslim League (called the Lucknow Pact).
1917: Annie Besant becomes President of Indian National Congress.
1918: World War I ends.
1919: Rowlatt Act intended to perpetuate extraordinary powers enjoyed by Government
during the war provokes country-wide protests. The massacre at Jalianwallabagh. Ali
brothers & Maulana Abdul Kalam Azad start Khilafat Movement (for restoring the Turkish
Khalifate) with Gandhijis support. Perfect Hindu-Muslim Accord. Montague-Chelmsford
Reforms offer limited Provincial autonomy to the Indians and The Enactment of the
Government of India Act, 1919 (Increasing association of Indians in every branch of the
administration and the gradual development of self-governing institutions for the progressive
realization of responsible government in British India).
1920: Congress okays Non-Cooperation Movement and Khilafat Movement. Students leave
colleges, lawyers leave practice. Bonfire of British clothes, etc. to show popular
dissatisfaction with the Reforms.
1921: Moplah (Muslim) rebellion in Malabar. Visit of the Prince of Wales.
1922: Civil Disobedience Movement. Congress makes Gandhiji a sole leader of Bardoli
Satyagraha. Outburst of violence at Chauri Chaura leading to suspension of the Movement
by Gandhiji.
1923: Swarajya Party started by C. R. Das and Motilal Nehru. Swarajists propose to enter the
Councils and wreck the government from within. Khilafat Movement fizzles out as Kemal
Pasha declares Turkey a secular state. Hindu-Muslim riots.
1925: Death of C. R. Das.
1926: Lord Reading expounds to the Nizam what paramountcy implies. Royal Commission
on Agriculture. Factories Act.
1927: Indian Navy Act. Simon Commission appointed.
1928: Simon Commission comes to India. Boycott by all parties. All parties Conference.
Muslim leaders leave the Conference.
1929: Lord Irwin, Viceroy of India, promises Dominion Status for India. Lahore Session of
the Congress asks for Independence. On the midnight of 31st December, Pandit Jawaharlal
Nehru, President of the Congress, hoists the National Flag at Lahore.
1930: 26th January observed as Independence Day all over India. Civil Disobedience
Movement continues. Gandhiji goes walking from Sabarmati Ashram to Dandi, a Salt
Satyagraha (On 12th March 241 mile foot march with 79 followers). Repression let loose
by the government. First Round Table Conference. Sir John Simon Commissions / Statutory
Commissions Report published.
1931: Gandhi-Irwin Pact. Second Round Table Conference.
1932: Suppression of Congress Movement. Third Round Table Conference. The Communal
Award. Poona Pact.
1933: White Papers on Indian reforms.
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1934: Civil Disobedience Movement called-off.

1935: Government of India Act.
1936: Death of King George V. Accession and Abdication of Edward VIII. Accession of
George VI.
1937: Inauguration of Provincial Autonomy. Congress Ministers formed in a majority of the
Provinces.
1938: Resignation of Congress Ministers. Political deadlock in India.
1939: Beginning of World War II.
1942: Sir Stafford Cripps Mission to India. Both Congress and Muslim League refuse Cripps
offer. Congress adopts Quit India Resolution (08th August). It gave slogan Do or Die.
Congress Leaders arrested and Congress declared as Illegal body (9th August). Netaji
Subhash Chandra Bose forms the Indian National Army (INA) in Malaya, with the help of
Japanese. He inaugurates the Government of Free India at Singapore.
1943: Bengal famine; Lord Wavell, the Viceroy & Governor General of India. Wavells
proposals for a settlement fall through as Congress & Muslim League could not agree.
1945: The Indian National Army under Bose surrenders to the British after collapse of Japan.
National Army personnel tried for treason in India.
1946: Demonstrations against the trial of the INA men. The ratings of the Royal Indian Navy
rise in open mutiny (18th February). Cabinet Mission in India (19th February). Cabinet
mission announces its plans for an Interim Government and a Constituent Assembly. The
Interim Government is to be formed by reconstituting Viceroys Executive Council. Both
Congress and Muslim League reject the proposal.
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UNIT 02
Democratic Institutions
Like the hierarchy of the Government in India coming down from Central Government at the
top in New Delhi to the bottom at Panchayati Raj Institutions like Panchayat Samiti or Gram
Sabha at Rural or village levels, the Court hierarchy also comes down from Supreme Court
of India at New Delhi to various District and Subordinate Courts of Civil Judges upto
rural/Tehsil levels.
To maintain the Rule of Law and to provide easy access to justice under the policy of Justice
at the doorsteps, the Indian Constitution and enacted laws by the Central and State
Governments have made all endeavour to provide quick remedies to large populace of the
country.
India is second most populated country on the planet with around 1.25 billion people and to
provide for various democratic institutions on the side of Executive and Judiciary is indeed a
tough task but the monitoring by the Superior Institutions of their subordinates has really
worked well in past 65 years of Independence of this Country.
The checks and balances of powers with constitutionally defined separate fields for the
Legislature, Executives and Judiciary, of course with unavoidable overlapping to some
extent, which is indeed a reflection of wisdom of the Constitutions draftsmen of this biggest
democracy.
Indian democracy has created various democratic institutions for proper governance in the
country and while Judiciary has the supreme power to interpret the various Statutes and
Laws including the Constitution of India itself, the Parliament, Central Legislative body
comprising of its two houses; House of People or Lok Sabha (Lower House) (Comprises
of 542 members directly elected by the people) and Council of States or Rajya Sabha
(Upper House) comprising of nominated persons from various fields and experts elected
members by various State Legislative Assemblies.
The Parliament as one unit has vast legislative field to enact various laws and even power to
amend the Constitution under Article 368 of the Constitution of India. The topics or
legislative fields for Union & State Governments & even concurrent subjects are defined in
Seventh Schedule List I, II & III of the Constitution. The only restriction on such amendment
is that the Parliament cannot alter or change the basic structure of the Indian Constitution
itself and this is what was laid down by Supreme Court of India in epoch making judgment
in 1973 in the case of Keshavananda Bharti vs. Union of India2 which was argued by
eminent jurists like N.A.Palkhiwala. Besides Parliament, States of India have State
Legislative Assemblies and some of the States in India have bicameral system.
The Panchayati Raj Institutions at rural or village level also look after the local needs of
the citizens in rural areas which forms about 70% of the Indian population. On power to
amend the Constitution itself, the Court overruled Golaknath3 and declared that Article 368
did not enable Parliament to alter the basic structure or framework of the Constitution in the
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case of Keshavananda Bharti. The Judges made no attempt to define the basic structure of
the Constitution in clear terms. S.M. Sikri, C.J. mentioned five basic features:
1. Supremacy of the Constitution.
2. Republican and democratic form of Government.
3. Secular character of the Constitution.
4. Separation of powers between the legislature, the executive and the judiciary.
5. Federal character of the Constitution.
He observed that these basic features are easily discernible not only from the
Preamble but also from the whole scheme of the Constitution. He added that the structure
was built on the basic foundation of dignity and freedom of the individual which could not
by any form of amendment be destroyed.
J.M. Shelat and A.N. Gover, JJ. added three more basic features to the above list:
1. Sovereignty of the country.
2. The dignity of the individual secured by the various freedoms and basic rights in Part III
and the mandate to build a welfare State contained in Part IV.
3. The unity and the integrity of the nation.
The laws like Right to Free and Compulsory Education to children between 6 14 years of
age, Right to Information, Right to Work with minimum and fair wages enacted in recent
past played a vital role in shaping the future of the country and for achieving the
constitutional goal of socialist, secular, democratic and republic India. The laws like Right to
Information Act has also helped to unearth the various corrupt activities and practices in
governance and the judicial eye has helped to take corrective measures with Institutions like
Central Vigilance Commission (CVC), Comptroller and Auditor General (CAG) and
Joint Parliamentary Committee (JPC). The Central Investigation Agency known as
Central Bureau of Investigation (CBI) is independent police organization which is largely
kept free from political and bureaucratic interference and investigates into such economic
crimes.
Lok Sabha (House of the People)
The Lok Sabha (House of the People) is the lower house of India's bicameral Parliament,
with the upper house being the Rajya Sabha. Members of the Lok Sabha are elected by adult
universal suffrage and a first-past-the-post system to represent their respective
constituencies, and they hold their seats for five years or until the body is dissolved by the
President on the advice of the council of ministers. The house meets in the Lok Sabha
Chambers of the Sansad Bhavan in New Delhi.
I. Composition:
The present membership of the Lok Sabha is 545, out of these 523 are elected by the people
of all Indian States and 20 by the people of the Union Territories. The President nominates
two members of the Anglo-Indian Community to the Lok Sabha. The maximum membership
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of the Lok Sabha stands fixed at 552 till the year 2010. Odisha has 21 seats in Lok Sabha,
out of which some seats stand reserved for SCs and STs.
II. Method of Election of the Members of Lok Sabha:
The members of the Lok Sabha are elected on the basis of the following principles:
(a) Universal Adult Franchise:
Every citizen who has attained the minimum age of 18 years has the right to vote in the
elections to the Lok Sabha. However, it is essential that his name should stand included in
the voters list of his constituency.
(b) Reservation of Seats for SCs and STs:
Some constituencies are reserved for Scheduled Castes and Scheduled Tribes. These are
called Reserved Constituencies. From each reserved constituency only candidates belonging
to SCs or STs, as the case may be, can contest elections. However, all the voters of each such
constituency exercise their right to vote for electing one candidate belonging SC or ST as
their representative. Presently 131 seats stand reserved (84 for SCs and 47 for STs).
(c) Single Member Territorial Constituencies:
The whole country is divided into as many territorial constituencies as is the number of the
members of the Lok Sabha to be elected. From each constituency one MP is elected.
(d) Secret Ballot:
The members of the Lok Sabha are elected by secret ballot and no one knows his voting
decision. Now EVMs are being used in recording votes.
(e) Direct Election and Simple Majority Vote Victory system:
All the members of the Lok Sabha are directly elected by the people. Any voter can cast his
vote to elect any candidate of his choice from his constituency. A candidate securing the
largest number of votes from amongst all the contestants from a constituency gets elected as
the representative of the people of his constituency in the Lok Sabha.
III. Qualifications for Membership of the Lok Sabha:
(1) He must be a citizen of India.
(2) He must not be less than 25 years of age.
(3) He must not hold any office of profit in the Government.
(4) He should not have an unsound mind or be a bankrupt.
(5) He should not be a declared offender of a grave crime by any court.
(6) He should possess all such qualifications prescribed by the Parliament.
IV. Tenure:
The normal term of the Lok Sabha is five years. This term can be extended for one year
during an emergency. But fresh elections to the Lok Sabha must be held within six months of
the end of emergency. Further, the President can dissolve the Lok Sabha at any time when
the Prime Minister may advise him to do so or when no party may be in a position to form a
government. In this case also a new Lok Sabha has to be essentially elected within six
months.
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V. Sessions:
The President can call the session of Parliament at any time but the gap between two
meetings of the Parliament cannot be of more than six months. It means in one year, a
minimum of two sessions of the Lok Sabha are essential.
VI. Quorum:
For a meeting of the Lok Sabha the presence of at least 1/10th of its total members is
essential. If 1/10th of the members are not present in a meeting of the Lok Sabha, the
Speaker of the House can adjourn the meeting for lack of quorum.
VII. Presiding Officers of Lok Sabha: Speaker and Deputy Speaker:
The Speaker is the chairman and presiding officer of the Lok Sabha. In its very fastest
meeting, every new Lok Sabha elects one of its members as the Speaker and another one as
the Deputy Speaker. The Speaker presides over the meetings of the Lok Sabha, conducts its
proceedings and maintains discipline and decorum in the House. His authority is supreme in
the House.
He acts as a neutral chairman in the House. In his absence these functions are performed by
the Deputy Speaker. When both the Speaker and Deputy Speaker are not present in the
House, one member from the panel of chairmen (List of some veteran and experienced MPs
of the House) presides over the meeting.
VIII. Privileges of Members:
Lok Sabha MPs enjoy several privileges. They enjoy unrestricted freedom to express their
views in the House. No action can be taken against them for anything said by them in the
House. They cannot be detained for any civil offence during and 40 days before and after the
session of the Lok Sabha. Their arrest in criminal cases can be made only after the Speaker
has been informed of it.
Powers and Functions of the Lok Sabha:
1. Legislative Powers:
An ordinary bill can become law only after it has been passed by both the Houses of
Parliament. It can be introduced either in the Lok Sabha or the Rajya Sabha. When a bill is
introduced and passed by the Lok Sabha, it is sent to the Rajya Sabha. After it has secured
the approval of Rajya Sabha, it goes to the President for his signature.
After this it becomes a law. Although ordinary bills can be introduced in either of the two
houses of Parliament, almost 90% of the bills are actually introduced in the Lok Sabha. In
case the Rajya Sabha rejects a bill passed by the Lok Sabha and returns it with or without
some amendments, the Lok Sabha reconsiders the bill.
If the Lok Sabha re-passes it and the Rajya Sabha is still not prepared to pass it, a deadlock
occurs. If this deadlock remains unresolved for six months, the President summons a joint
sitting of the two Houses. The decision of the joint sitting is accepted by both the Houses.
2. Executive Powers:
For all its work, the Council of Ministers is collectively responsible before the Lok Sabha.
The leader of the majority in the Lok Sabha becomes the Prime Minister. Most of the
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ministers are from the Lok Sabha. The ministers remain in office so long as they enjoy the
confidence of majority in the Lok Sabha.
The Lok Sabha can remove the ministry from office by passing a vote of no- confidence
against it. Thus, the life and death of the Ministry depends upon the Lok Sabha. The Lok
Sabha maintains a continuous control over the Council of Ministers.
MPs can ask questions from ministers about their policies and activities of administration.
They can criticise their policies. They can move and adopt several types of resolutions and
motions (adjournment motion, call attention motion, censure motion and no-confidence
motion) and can reject any bill of the government.
If the Lok Sabha:
(i) Rejects any policy or decision of the Cabinet,
(ii) Or disapproves the budget or a bill of the government, or
(iii) Passes a vote of no- confidence against the Prime Minister, it is. Taken to be a vote of
no-confidence against the entire Council of Ministers and it resigns en masse.
3. Financial Powers:
The Lok Sabha has vast financial powers. A money bill can be introduced only in the Lok
Sabha. After having been passed by it, the money bill goes to the Rajya Sabha. Such a bill
can be delayed by the Rajya Sabha for a maximum period of 14 days. If the Rajya Sabha
fails to pass a money bill and 14 days elapse from the date of the submission of the bill to it,
the money bill is deemed to have been passed by both the houses of Parliament. It is sent to
the President for his signature.
In case of any dispute as to whether a particular bill is a money bill or not, the Speaker of the
Lok Sabha gives the decision. His decision is final and it cannot be challenged in any court
or even in the Rajya Sabha or the Lok Sabha. Thus, we can any that the Lok Sabha has the
final control over the finances of state. No tax can be levied or collected or changed or
abolished without the approval of the Lok Sabha. The fiscal policies of the government
cannot be implemented without the consent of the Lok Sabha.
4. Judicial Powers:
The Lok Sabha also performs some judicial functions. The impeachment proceedings can be
taken up against the President either in the Lok Sabha or the Rajya Sabha. The President can
be removed from office only when an impeachment resolution is adopted by each of the two
Houses with a 2/3 majority of its members.
The Lok Sabha also investigates the charges prepared by the Rajya Sabha against the VicePresident of India. The Lok Sabha and the Rajya Sabha can together pass a resolution for the
removal of any judge of the Supreme Court or of a State High Court.
Both the Houses can jointly pass a special address and present it to the President for the
removal of some high officers of the state like the Attorney General, the Chief Election
Commissioner and the Comptroller and Auditor General of India. Lok Sabha can also take
action against any member or any citizen who is held to be guilty of committing contempt of
the House.
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5. Electoral Functions:
The Lok Sabha also performs some electoral functions. The elected members of the Lok
Sabha take part in the election of the President. Members of the Lok Sabha and the Rajya
Sabha together elect the Vice-President of India. The members of the Lok Sabha also elect a
Speaker and a Deputy Speaker from amongst themselves.
6. Some Other Powers of Lok Sabha:
The Lok Sabha and the Rajya Sabha jointly perform the following functions:
(a) Approval of the ordinances issued by the President
(b) Change of the boundaries of the states. State, creation of new states and change in the
name of any state.
(c) Changes in the jurisdiction of the Supreme Court and the High Courts.
(d) Changes the qualifications of the members of the Parliament and State Legislatures.
(e) Revising the salary and allowances of the members of Parliament,
(f) The setting up of Joint Public Service Commission for two or more states.
(g) Passing of a resolution for abolishing or creating the upper chamber of a state legislature,
(h) Approval of a Declaration of Emergency.
Position of the Lok Sabha:
After studying the powers and functions of the Lok Sabha, we can say that the Lok Sabha is
a very powerful House. The Council of Ministers is responsible to the Lok Sabha and not to
the Rajya Sabha. It remains in office so long as it enjoys the confidence of majority in the
Lok Sabha.
The Lok Sabha has full control over the finances of the State. It dominates ordinary lawmaking bills as nearly 90% of the bills are introduced in it. The joint sitting method of
resolving the deadlocks between the two Houses tends to favour the Lok Sabha. It also
controls the executive.
The leader of majority in the Lok Sabha becomes the Prime Minister. Lok Sabha can cause
the dismissal of the Council of Ministers by passing a vote of no-confidence or by rejecting a
policy or law of the government. Hence, the Lok Sabha is a very powerful house of the
Union Parliament.
Procedure in the House
The Rules of Procedure and Conduct of Business in Lok Sabha and Directions issued by the
Speaker from time to time there under regulate the procedure in Lok Sabha. The items of
business, notice of which is received from the Ministers/ Private Members and admitted by
the Speaker, are included in the daily List of Business which is printed and circulated to
members in advance. For various items of business to be taken up in the House the time is
allotted by the House on the recommendations of the Business Advisory Committee. The
Speaker presides over the sessions of the House and regulates procedure.
Sessions and Time of Sittings
Three sessions of Lok Sabha take place in a year:
Budget session: February to May.

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Monsoon session: July to September.
Winter session: November to mid December.

When in session, Lok Sabha holds its sittings usually from 11 A.M. to 1 P.M. and from 2
P.M. to 6 P.M. On some days the sittings are continuously held without observing lunch
break and are also extended beyond 6 P.M. depending upon the business before the House.
Lok Sabha does not ordinarily sit on Saturdays and Sundays and other closed holidays.
Rajya Sabha
The Rajya Sabha or Council of States is the upper house of the Parliament of India.
Membership of Rajya Sabha is limited by the Constitution to a maximum of 250 members,
and current laws have provision for 245 members. Most of the members of the House are
indirectly elected by state and territorial legislatures using single transferable votes, while the
President can appoint 12 members for their contributions to art, literature, science, and social
services. Members sit for staggered six-year terms, with one third of the members retiring
every two years.
The Rajya Sabha meets in continuous sessions, and unlike the Lok Sabha, the lower house of
Parliament, is not subject to dissolution. However, the Rajya Sabha, like the Lok Sabha can
be prorogued by the President. The Rajya Sabha has equal footing in all areas of legislation
with Lok Sabha, except in the area of supply, where the Lok Sabha has overriding powers. In
the case of conflicting legislation, a joint sitting of the two houses can be held. However,
since the Lok Sabha has twice as many members as the Rajya Sabha, the former would
normally hold the greater power. Joint sittings of the Houses of Parliament of India are rare,
and in the history of the Republic, only three such joint-sessions have been held; the latest
one for the passage of the 2002 Prevention of Terrorism Act.
The Vice President of India (currently, Hamid Ansari) is the ex-officio Chairman of the
Rajya Sabha, who presides over its sessions. The Deputy Chairman, who is elected from
amongst the house's members, takes care of the day-to-day matters of the house in the
absence of the Chairman. The Rajya Sabha held its first sitting on 13 May 1952. The salary
and other benefits for a member of Rajya Sabha are same as for a member of Lok Sabha.
Rajya Sabha members are elected by state legislatures rather than directly through the
electorate by single transferable vote method.
I. Composition of the Rajya Sabha:
The Rajya Sabha can have a maximum strength of 250 members; out of these 238 are to be
the representatives of the States and remaining 12 members are to be nominated by the
President from amongst persons who have achieved distinctions in the fields of art, literature,
science or social services. At present, the Rajya Sabha has 245 members 233 elected and 12
nominated. Members of each State Legislative Assembly, together elect their allotted
number of MPs for Rajya Sabha. The President nominates 12 MPs of Rajya Sabha. Odisha
has 10 seats in the Rajya House.
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II. Method of Election:

The members of the Rajya Sabha are elected indirectly by the people. The people of each
state elect the members of their state legislative assembly who then elect the members of
Rajya Sabha by a method of proportional representationsingle transferable vote system.
Each State Legislative Assembly elects as many representatives as have been allocated to it
by the Constitution. Odisha Legislative Assembly has 147 MLAs who together elect 12
members of Rajya Sabha.
III. Qualifications for the membership of Rajya Sabha:
(a) He must be a citizen of India.
(b) He must be above the age of 30 years.
(c) He must possess all other qualifications as laid down by the Parliament.
(d) He must not hold any office of profit under any government.
(f) He should not have been disqualified under any law of the Parliament.
Now any person residing in any part of India can contest election to the Rajya Sabha from
any state. For this purpose residence of the concerned state is not essential.
IV. Tenure:
The Rajya Sabha is a quasi-permanent House. It is not subject to dissolution as a whole. One
third of its members retire after every two years and elections are held only for the vacant
seats. The tenure of each member of the Rajya Sabha is six years.
V. Sessions:
The President convenes the sessions of the Rajya Sabha usually along with the sessions of
the Lok Sabha or whenever he feels it necessary. However, there cannot be a gap of more
than six months within the two sessions of the Rajya Sabha. The President can call a special
session of Rajya Sabha for getting approved an emergency declaration at a time when Lok
Sabha stands dissolved.
VI. Quorum for the Meetings of Rajya Sabha:
The quorum for the meetings of Rajya Sabha is 1/10th of its members. It means that at least
1/10th of the members of the Rajya Sabha must be present for carrying out the work of the
House.
VII. Privileges of Members:
The members of the Rajya Sabha enjoy several privileges. They enjoy unrestricted freedom
to express their views in the House. Ho action can be taken against them for anything said by
them in the House. They cannot be arrested for any civil offence during, and 40 days before
and after the session of the Rajya Sabha. For protecting the privileges of the members of the
House, the Committee on Privileges has been in existence since the inception of the Rajya
Sabha.
VIII. Chairman and Deputy Chairman of the Rajya Sabha:
The Vice-President of India is the ex-officio Chairman of the Rajya Sabha. He is not a
member of the House. However, he presides over its meetings and conducts its proceedings.
During the absence of the Vice-President, the Deputy Chairman of the Rajya Sabha presides
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over the meetings. The Deputy Chairman is elected by the Rajya Sabha MPs from amongst
themselves.
Powers and Functions of the Rajya Sabha:
1. Legislative Powers:
In the sphere of ordinary law-making the Rajya Sabha enjoys equal powers with the Lok
Sabha. An ordinary bill can be introduced in the Rajya Sabha and it cannot become a law
unless passed by it. In case of a deadlock between the two Houses of Parliament over an
ordinary bill and if it remains unresolved for six months, the President can convene a joint
sitting of the two Houses for resolving the deadlock.
This joint sitting is presided over by the Speaker of the Lok Sabha. If the bill is passed in the
joint sitting, it is sent to the President for his signatures. But if the deadlock is not resolved,
the bill is deemed to have been killed.
2. Financial Powers:
In the financial sphere, the Rajya Sabha is a weak House. A money bill cannot be introduced
in the Rajya Sabha. It can be initiated only in the Lok Sabha. A money bill passed by the Lok
Sabha comes before the Rajya Sabha for its consideration. However, if within a period of 14
days, the Rajya Sabha fails to pass the bill, the bill is taken to have been passed by the
Parliament irrespective of the fact whether the Rajya Sabha has passed it or not. If the Rajya
Sabha proposes some amendments and the bill is returned to the Lok Sabha, it depends upon
the Lok Sabha to accept or reject the proposed amendments.
3. Executive Powers:
The Union Council of Ministers is collectively responsible before the Lok Sabha and not
the Rajya Sabha. Lok Sabha alone can cause the fall of the Council of Ministers by passing
a vote of no-confidence.
Although the Rajya Sabha cannot remove the Ministry from its office yet the members of the
Rajya Sabha can exercise some control over the ministers by criticising their policies, by
asking questions and supplementary questions, and by moving adjournment motions. Some
of the ministers are also taken from the Rajya Sabha. Now the Prime Minister can also be
from Rajya Sabha if the majority party in the Lok Sabha may elect/adopt him as its leader.
4. Amendment Powers:
Rajya Sabha and Lok Sabha can together amend the constitution by passing an amendment
bill with 2/3 majority in each House.
5. Electoral Powers:
The Rajya Sabha has some electoral powers also. The elected members of the Rajya Sabha
along with the elected members of the Lok Sabha and all the State Legislative Assemblies
together elect the President of India. The members of the Rajya Sabha Lok Sabha together
elect the Vice- President of India. Members of the Rajya Sabha also elect a Deputy Chairman
from amongst themselves.
6. Judicial Powers:
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(a) The Rajya Sabha acting along with the Lok Sabha can impeach the President on charges
of violation of the Constitution.
(b) The Rajya Sabha can also pass a special address for causing the removal of a judge of the
Supreme Court or of any High Court.
(c) The charges against the Vice-President can be leveled only in the Rajya Sabha.
(d) The Rajya Sabha can pass a resolution for the removal of some high officers like the
Attorney General of India, Comptroller and Auditor General and Chief Election
Commissioner.
7. Miscellaneous Powers:
The Rajya Sabha and Lok Sabha jointly perform the following functions:
(a) Approval of the ordinances issued by the President,
(b) Ratification of an emergency proclamation,
(c) Making any change in the jurisdiction of the Supreme Court and the High Courts, and
(d) Making any change in the qualifications for the membership of the Lok Sabha and the
Rajya Sabha.
8. Two Special Powers of Rajya Sabha. The Rajya Sabha enjoys two exclusive powers:
(i) The Power to declare a subject of State List as a subject of National Importance:
The Rajya Sabha can pass a resolution by 2/3rd majority of its members for declaring a State
List subject as a subject of national importance. Such a resolution empowers the Union
Parliament to legislate on such a state subject for a period of one year. Such resolutions can
be repeatedly passed by the Rajya Sabha.
(ii) Power in respect of Creation or Abolition of an All India Service:
The Rajya Sabha has the power to create one or more new All India Services. It can do so by
passing a resolution supported by 2/3rd majority on the plea of national interest. In a similar
way, the Rajya Sabha can disband an existing All India Service.
Position of the Rajya Sabha:
A study of the powers of the Rajya Sabha leads us to the conclusion that it is neither a very
weak house like the British House of Lords nor a very powerful house as the American
Senate. Its position is somewhat mid-way between the two. It has been less powerful than
Lok Sabha but it has been not a very weak or insignificant House. Since 1950, the Rajya
Sabha has been using its powers and functions in accordance with the provisions of the
Constitution and performing its due role as the second House of Union Parliament.
Bicameral system of legislature
A bicameral legislature simply refers to a particular body of government that consists of
two legislative houses or chambers. In certain variations, a bicameral system may include
two parliamentary chambers.
The Parliament of India is the supreme legislative body of the Republic of India. The
Parliament is composed of the President of India and the houses. It is bicameral with two
houses: Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The
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President in his role as head of legislature has full powers to summon and prorogue either
house of Parliament or to dissolve Lok Sabha. The president can exercise these powers only
upon the advice of the Prime Minister and his Union Council of Ministers.
In India, a state legislature that has two houses known as Vidhan Sabha and Vidhan
Parishad, is a bicameral legislature.The Vidhan Sabha is the lower house and corresponds to
the Lok Sabha. The Vidhan Parishad is the upper house and corresponds to the Rajya Sabha.
For every state, there is a legislature, which consists of Governor and one House or, two
Houses as the case may b In Bihar, Andhra Pradesh, Telangana, Jammu and Kashmir,
Karnataka, Maharashtra and Uttar Pradesh, there are two Houses known as legislative
council and legislative assembly. In the remaining states, there is only one House known as
legislative assembly. Parliament may, by law, provide for abolition of an existing legislative
council or for creation of one where it does not exist, if proposal is supported by a resolution
of the legislative assembly concerned.
The Constitution grants every state the right to create or abolish Legislative Council, which
decides whether it will have a unicameral or bicameral legislature. According to Article 169
of the Indian Constitution, the state legislative assembly has to pass a resolution demanding
creation or abolition of the council. The Parliament can then make it a law by passing it like
any ordinary bill. It does not require any amendment to the Constitution.
Cabinet form of government at the Center and State
Parliamentary democracy envisages a cabinet form of government with a president as a
titular head (and a governor in the states) with responsibility of ministers to the parliament.
The will of the people as expressed through the parlia-ment, is executed through the
executive consisting of the political executive and the administrative bureaucracy. All
executive action is taken in the name of the president of India in the case of the central
government (or the governor in the states). All executive action taken in his name must be in
accordance with the Constitution.
The Indian Constitution provides for a council of ministers to aid and advice the president in
the exercise of his functions. In effect, it is the council of ministers which is supreme in
administering the subjects listed under Union responsibility and correspond-ingly so in the
states.
Features Of Cabinet System In India
The Cabinet system of Government in India that works on the basis of several broad
principles. The features of Cabinet System in India are summarized below :
Firstly, there is a constitutional head of the Government. The Queen in England and the
President in India are the constitutional heads. The position of the constitutional head is one
of dignity but not of power.
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The governmental powers are exercised by a council of ministers headed by the Prime
Minister. The Prime Minister is appointed by the President and all other ministers are
appointed by the President on the advice of the Prime Minister. The Prime Minister and the
Council of Ministers hold office during the pleasure of the President. But the pleasure of the
President is political rather than personal. So long as the Prime Minister and the Council of
Ministers enjoy the support of the majority in the Lower House of the Parliament, the
President cannot withdraw his pleasure. In a real sense, the Prime Minister is not the
Presidents nominee but the nations choice.
Powers of the Government are exercised in the name of the President but the President acts
only on the advice of the Council of Ministers. The 42nd amendment of the constitution has
made it obligatory for the President to act only on advice.
Secondly, since the President acts only on advice given by the Council of Ministers, the
responsibility for the Presidents action is of the Council of Ministers. The Prime Minister
and the Council of Ministers are collectively responsible to the House of People. If any
policy or action of the Government is not supported by the majority in the House of People,
the Government is obliged to vacate office. It is because of this responsibility to the Lower
House, the cabinet government is also known as the responsible government.
Thirdly, in the cabinet system of government, an inner ring in the Council of Ministers, acts
as the policy making part of the ministry. This policy making part, is known as the Cabinet.
The Cabinet consists of the Prime Minister and the senior ministers whom the Prime
Minister includes in the Cabinet. The Cabinet is an extra-constitutional body. In the
constitution there is no mention of the cabinet.
Fourthly, the cabinet works on the principle of political homogeneity, The Prime Minister
and the members of the Council of Ministers belong to the same party except in the rare
instances of Coalition Governments. In fact all ministers are important party leaders.
Collective responsibility obliges the ministers to hold the same views and to champion the
same policy. Differences between ministers are ironed out in the closed door meetings of the
cabinet. In public they must give the impression of solid unity. For they all sail or sink
together.
Fifthly, the Prime Minister and the Cabinet maintains a close and intimate relationship with
the Parliament. The Prime Minister is often a member of the Lower House and the leader of
the majority. Most other members of the cabinet are drawn from the majority party in the
Lower House. Ministers take part in debates, defend the government against opposition
criticism, pilot bills and make the Parliament pass desired legislation.
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Finally, the cabinet government in India, as it is In Britain, is the Prime Ministers

Government. The primacy of the Prime Minister is writ large everywhere. He the leader of
the Cabinet and the Council of Ministers. All other ministers are appointed on his advice.
The Prime Minister may dismiss any inconvenient minister at any moment. He chairs the
meetings of the Cabinet. In the policy making his word is final. He is also the leader of the
Parliament. With his assured majority in the Lower House of the Parliament, he can get any
law passed. Tie is the Principal channel of communication between the Cabinet and the
President. He is also the countrys top spokesman in foreign affairs.
Powers and Position of President of India
In Indian Parliamentary practice, the President is the nominal executive or a Constitutional
ruler. He is the head of the nation, but does not govern the nation. Our Union Council of
Ministers headed by the Prime Minister is the real executive. And the President rules the
country on the advice of the Prime Minister and his colleagues.
Powers: We shall now discuss in details, the powers and functions of the President of India
in the light of the above discussion. The powers and the functions of the President of India
may be classified under five heads, viz., and executive, legislative, financial, judicial and
emergency.
1. Executive Power: The President of India is the head of the executive of the Union
Government. Therefore, all executive powers are vested in the hands of the President. He can
exercise these powers either directly or through the subordinate officers.
According to the Constitution of India, all executive action is also taken in his name.
The President appoints the Governors of the States, the Judges of the Supreme Court
and High Courts of the States. The Prime Minister of India is appointed by the
President. The President also appoints other Ministers in consultation with the Prime
Minister.
The Constitution of India empowers the President to appoint the important officers of
the Union Government including the Attorney-General for India, the Comptroller and
Auditor-General of India, the Chairman of the Finance Commission, the Election
Commissioners etc.
The President is responsible for the administration of the Union Territories. For this
reason, he appoints Chief Commissioners and Lieutenant Governors of the centrally
administered areas.
The President has been empowered to set up a Commission for the settlement of
disputes relating to the supply of water between two or more States.
Moreover, the Constitution has authorized the President to establish an Inter-State
Council to enquire into disputes that may arise between, the States as well as to
discuss the matters of the common interests between the Union and the States.
The President alone can remove the Council of Ministers, the Governors of States and
the Attorney-General for India.
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The President of India is Supreme Commander-in-Chief of the Army, Navy and the
Air Force of the Union. He has the power to declare war.
The President also enjoys the diplomatic power. He appoints the diplomatic
representatives of India to the foreign States. He also receives the credential letters of
the diplomatic representatives of other States.
The President represents India in international affairs. He has the power to conclude
treaties with foreign States.
2. Legislative Powers: The President of India also enjoys legislative powers. He is an
integral part of Indian Parliament. Parliament consists of the President and two Housesthe
House of the people (Lok Sabha) and the Council of States (Rajya Sabha).
The President has the power of to summon and prorogue both the House of
Parliament. He can also dissolve the House of the People before the expiry of its term.
The Constitution of India empowers the President to deliver an address to the
Parliament at the commencement of the first session every year. He may also send
messages to Parliament.
The President nominates two members to the Lok Sabha from the Anglo-Indian
Community and twelve members to the Rajya Sabha from among the persons who
have acquired special knowledge in art, science, literature and social service.
In India, a public bill cannot become an act without the assent of the President. A bill
passed by the Union Parliament is sent to the President for his assent. The President
may give his assent to the bill or may withhold his assent from the bill or he may
return the bill to Parliament for its reconsideration. If the bill is again passed by both
Houses of Parliament, the President shall have to give his assent.
When the Parliament is not in session, the President may issue an ordinance. It has the
same force as the law or Parliament. But it must be placed before the Parliament when
it again assembles. If it is then approved by both the Houses of Parliament, it will
cease to operate after six weeks of the date of meeting of Parliament. And the
President can call a joint session of both Houses of Parliament to resolve a
constitutional deadlock over a public bill.
3. Financial Powers: The President of India also exercises financial powers. No money bill
can be introduced in Parliament without the recommendations of the President.
According to the Constitution of India, the Annual Financial Statement is placed by
the President before both the Houses of Parliament. This statement shows the
estimates of revenue and expenditure of the central Government for the next year.
It may be pointed out that the proposal for taxation and expenditure cannot be made
without the approval of the President.
4. Judicial Powers: The President of India grants, pardons, reprieves or remissions of
punishment to any person who has been convicted by a Court of Law.
5. Emergency Powers: The President of India exercises extra-ordinary powers in times of
emergency. The three kind of Emergency situations are:
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1.
2.
3.
Emergency due to armed rebellion or external aggression;

Emergency arising from the breakdown of constitutional machinery in a State;
Financial Emergency.
Proclamation of National Emergency by the President of India: The President of India

may issue a Proclamation of National Emergency when the security of India or any part
thereof is threatened by war, armed rebellion or external aggression. Such a Proclamation of
Emergency may remain in force for an indefinite period. During a Proclamation of National
Emergency, the executive power of the States is to be exercised in accordance with the
directions given by the Central Government. Parliament has the power to make laws on the
subjects enumerated in the State List. The right to freedom of speech and expression,
freedom to form association, freedom to practice and profession, etc., embodied in Article 19
shall remain suspended.
Failure of State Constitutional Machinery: In Case of failure of Constitutional machinery
in a State, the President of India is authorized to make a Proclamation to that effect. The
maximum duration of this type of emergency is three (3) years. During such an emergency,
the President may assume to himself the executive powers of the State. The powers of the
legislatures of the State are to be exercised by the Union Parliament.
Proclamation of Financial Emergency by the President: The President may also issue a
Proclamation of Financial Emergency if he is satisfied that the financial stability of India is
threatened. This type of emergency may continue to remain in force for an indefinite period.
The Central Government may give directions to the States for canons of financial propriety.
All money-bills passed by the State Legislatures are to be reserved for the consideration of
the President.
Position:
Thus the President of India has been given wide and far-reaching powers which he enjoys
both during normal and emergency times. But after the passing of the Constitution FortySecond (1976) and Forty-Fourth (1978) Amendment Acts, the President of our Republic has
become a Constitutional figurehead and nothing beyond that.
Today, Presidents position is one of great authority and dignity, but at the same time
strictly constitutional. Thus the President is bound in every case to act on the advice of
his Prime Minister and other Ministers who are responsible to the Lok Sabha and
responsive to the public opinion.
In short, the powers really reside in the Ministry and the Parliament and not in the
President as such. He has no discretion in our Parliamentary system of government.
The Supreme Court through various decisions has upheld the position that the
President is a constitutional head and as such he is as much bound by the advice of his
Ministers during emergency as during normal times.
For example, the President can declare a proclamation of the National Emergency
(Article 352) only after receiving a written communication of the decision of the
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Union Cabinet. If the President abuses his powers, he can be removed from office by a
process of impeachment.
It does not, however, mean that the President of India is a magnificent cipher or a
mere rubber stamp. Unlike the British Monarchy which is hereditary, the President of
our Republic is an elected Head of the State. In our coalition politics, there are some
grey areas where the President may still have to use his own judgment and wisdom.
These are:
Appointment of the Prime Minister,
Dismissal of the Union Ministry,
Dissolution of the Lok Sabha, and,
Seeking information on all matters of administration and legislation from the Prime
Minister etc.
In some such situations, the role of our President may become most crucial and
decisive. However, the President has to be free from all political affiliations. He is
expected to act with complete constitutional rectitude and impartiality. The nation is
expected to be benefitted by his wise leadership and constructive role.
In short, the President of India is the symbol of national unity, magnet of loyalty and
apparatus of ceremony.
Role and Position of President and Prime Minister
Prime Minister
The Prime Minister of India is the head of the executive branch of the Government of India.
His position is distinct from that of the President of India, who is the head of the State. As
India follows a parliamentary system of government modelled after the Westminster system,
most of the executive powers are exercised by the Prime Minister. He acts as an advisor to
the President and is the leader of the Council of Ministers. The President appoints the Prime
Minister of India and on his advice, appoints the Council of Ministers. The Prime Minister
can be a member of either the Lok Sabha or the Rajya Sabha.
Powers and Functions of the Prime Minister:
1. Formation of the Council of Ministers: The task of formation of the ministry begins
with the appointment of the Prime Minister by the President. After the appointment of Prime
Minister, the President appoints all other ministers on the advice of the Prime Minister. The
PM determines the strength of his ministry and selects his team of ministers.
2. Allocation of Portfolios: It is an undisputed privilege of the Prime Minister to allocate
portfolios to his ministers. Which particular department is to be given to which minister is
determined by him. Any minister objecting to such an allotment invites the wrath of the
Prime Minister and can get completely ignored from the ministry.
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3. Change of Portfolios: The Prime Minister has the power to change the departments
(portfolios) of the ministers at any time. It is his privilege to shuffle and re-shuffle his
ministry any time and as many times as he may like.
4. Chairman of the Cabinet: The Prime Minister is the leader of the Cabinet. He presides
over its meetings. He decides the agenda of its meetings. In fact all matters in the Cabinet are
decided with the approval and consent of the Prime Minister. It is up to him to accept or
reject proposals for discussions in the Cabinet. All ministers conform to his views and
policies. There is scope for deliberations and discussions but not for opposition.
5. Removal of Ministers: The Prime Minister can demand resignation from any minister at
any time, and the latter has to accept the wishes of the former. However, if any minister may
fail to resign, the Prime Minister can get him dismissed from the President. In April 2010
Mr. Shashi Throor had to submit his resignation because PM Manmohan Singh had asked
him to do so.
6. Chief Link between the President and the Cabinet: The Prime Minister is the main
channel of communication between the President and the Cabinet. He communicates to the
President all decisions of the Cabinet, and puts before the Cabinet the views of the President.
This is the sole privilege of the Prime Minister and no other minister can, of his own convey
the decisions or reveal to the President the nature or summary of the issues discussed in the
Cabinet.
7. Chief Coordinator: The Prime Minister acts as the general manager of the state and the
chief coordinator. It is his responsibility to co-ordinate the activities of all the departments
and to secure co-operation amongst all government departments. He resolves all differences,
among the ministers.
8. Leader of the Parliament: As the leader of the majority in the Lok Sabha, the Prime
Minister is also the leader of the Parliament. In this capacity, it is the PM who, in
consultation with the Speaker of this Lok Sabha, decides the agenda of the House. The
summoning and the proroguing of Parliament is in fact decided by him and the President
only acts upon his advice.
9. Power to get the Parliament Dissolved: The Prime Minister has the power to advise the
President in favour of a dissolution of the Lok Sabha. This power of dissolution really means
that the members hold their seats in the House at the mercy of the Prime Minister.
10. Director of Foreign Affairs: As the powerful and real head of the government, the
Prime Minister always plays a key role in determining Indian foreign policy and relations
with other countries. He may or may not hold the portfolio of foreign affairs but he always
influences all foreign policy decisions.
11. Role as the Leader of the Nation: Besides being the leader of his party and the Lok
Sabha, Prime Minister is also the leader of the nation. General elections are fought in his
name.The personality of the Prime Minister and the respect and love, that he commands act
as a source of strength for his party as well as the nation. He leads the nation both in times of
peace and war.
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12. Power of Patronage: All important appointments are really made by the Prime Minister.
These appointments include Governors, Attorney-General, Auditor General, Members and
Chairman of Public Service Commission, Ambassadors, Consular etc. All high ranking
appointments and promotions are made by the President with the advice of the Prime
Minister.
13. Role of Prime Minister during an Emergency: The emergency powers of the President
are in reality the powers of the Prime Minister. The President declares an emergency only
under the advice of the Cabinet, which in reality means the advice of the Prime Minister. All
decisions taken to meet an emergency are really the decisions of the Prime Minister.
Position of the Prime Minister:
(a) The office of PM is very powerful:
A study of the powers and functions of the Prime Minister clearly brings out the fact that he
holds the most powerful office in the Indian. He exercises real and formidable powers in all
spheres of governmental activityexecutive, legislative and financial. The Prime Minister is
the captain of the ship of state, the key stone of cabinet arch, the steering wheel of
government, and the moon amongst lesser stars.
The whole organisation and working of the Council of Ministers depend upon the Prime
Minister. The President always acts in accordance with the advice of the Prime Minister. The
ministry-making is the sole right of the Prime Minister. The resignation or removal of the
Prime Minister always means the resignation of the Council of Ministers. Hence, Prime
Minister is the centre of gravity and the foundation stone of the Council of Ministers.
(b) The President of India always acts upon the advice of the PM:
The President always acts upon the advice of the Prime Minister. The constitution assigns to
the latter the role of being the chief advisor to the President. All the powers of the President,
both the normal powers and the emergency powers, are really the powers of the Prime
Minister.
As the head of the government, leader of the Cabinet, leader of the majority, leader of the
Parliament and the leader of the nation, the Prime Minister plays an important an powerful
role in the Indian Political System. Indeed the Prime Minister occupies a very powerful
rather the most powerful position in India.
(c) The PM cannot become a dictator:
Undoubtedly, the Prime Minister of India enjoys a very strong position, yet he can neither be
a dictator nor even behave like a dictator. His office is a democratic office to which he rises
only through an effective participation in the democratic process.
Adult franchise System
Universal Adult Suffrage in India The right of the people to vote and elect their
representatives is called franchise. Adult franchise means that the right to vote should be
given to all adult citizens without the discrimination of caste, class, colour, religion or sex. It
demands that the right to vote should be equally available among all. To deny any class of
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persons from exercising this right is to violate their right to equality. the system of adult
franchise is the bedrock of a democratic system. People are called political sovereign
because they possess the right to vote a government into power, or to vote a government out
of power
Universal adult franchise enables all citizens to be involved in the governance of their state.
They do so by electing their representatives who govern to serve and protect the interests of
the people.
Article 326
Elections to the House of the People and to the Legislative Assemblies of States to be on the
basis of adult suffrage. The elections to the House of the People and to the Legislative
Assembly of every State shall be on the basis of adult suffrage; that is to say, every person
who is a citizen of India and who is not less than eighteen years of age on such date as may
be fixed in that behalf by or under any law made by the appropriate Legislature and is not
otherwise disqualified under this Constitution or any law made by the appropriate
Legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal
practice, shall be entitled to be registered as a voter at any such election.
India has a democratic set up with all citizens having equal rights. This could have been
farther from truth if the concept of universal adult suffrage was not adopted. As a promoter
of political equality, India managed to do away with the restrictions on the exercise of the
vote for adults. However, the journey wasnt easy.
What does Universal Adult Suffrage mean?
The Article 326 of the Indian Constitution grants universal adult suffrage, according to
which, every adult citizen is entitled to cast his/her vote in all state elections unless that
citizen is convicted of certain criminal offences or deemed unsound of mind. As per this
concept, the right to vote is not restricted by caste, race, sex, religion or financial status.
Developments Leading to Adoption of Universal Adult Suffrage
During the pre-independence era, only 13 per cent of Indian citizens used to enjoy the right
to vote. The demand for universal adult suffrage had been gaining momentum few decades
prior to the independence. The Motilal Nehru report was among the first proponent of
unlimited adult franchise and equal rights for women.
It was in 1928 when Dr B.R. Ambedkar appeared before the Simon Commission and insisted
on incorporating universal adult franchise in the Constitution of India. According to him,
elections were a weapon in the hands of the most oppressed sections of society and voting
rights will give them the politico-legal equality. Ambedkar found a like-minded colleague in
Pt. Jawaharlal Nehru, who also subscribed to his liberal views.
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Later, the Indian National Congress called for political equality at the 1931 Karachi session.
The party argued that it would be one of the crucial strides towards making the electoral
process more participatory and inclusive. There were doubts in the minds of our constitution
makers and the issue of adult franchise was debated in the Constituent Assembly by many
senior leaders before it abolished all the previous restrictions and provided for universal
adult suffrage.
Importance of Universal Adult Suffrage
The introduction of universal adult suffrage is considered one of the most important
decisions that changed India for the better. Granting voting rights to all is no mean
achievement for the founding fathers of Indian Constitution, especially Dr B.R. Ambedkar. It
provided the government with unchallengeable legitimacy against any military
intervention or secessionist movements. Besides achieving gender equality by giving
women the right to vote, it eliminated untouchability and ensured equal opportunities for
backward class people as well.
The concept of universal adult suffrage along with free and fair voting are looked upon as the
guarantors of minority rights. It also had a trickle-down impact on poverty alleviation. By
allowing voting rights to all citizens, the poor found an opportunity to choose the political
administrators and increase the scope of governance at a local level. The direct outcome is
prosperity at grassroots level and development of infrastructure.
Another significant transformation that has become evident over the years is the
representation of backward sections in Parliament. The composition of the members of
Parliament has changed to include individuals from those communities, who become the
voice of the oppressed.
Election Commission of India
The Election Commission of India is an autonomous constitutional authority responsible for
administering election processes in India.The body administers elections to the Lok Sabha,
Rajya Sabha, state legislatures, and the offices of the President and Vice President in the
country.The Election Commission operates under the authority of Constitution, and
subsequently enacted Representation of the People Act. The Commission has the residuary
powers under the Constitution, to act in an appropriate manner when the enacted laws make
insufficient provisions to deal with a given situation in the conduct of an election.
Functions
Conduct and Supervision of Elections: The Election Commission conducts, directs,
controls and supervises all elections to:
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Lok Sabha and Rajya Sabha of Parliament;

State Legislative Assemblies and the Legislative Councils where it exists;
The office of the President and Vice-President and
All by-elections to Parliament and State Legislature.
Electoral Rolls: The Commission sees to it that correct electoral rolls are prepared. The
names of all eligible voters irrespective of their religion, race, caste, sex or any of them, who
are otherwise not disqualified under any law must be registered as voters. The Commission
shall also try to photo-identity cards to the voters.
Staff Requisition: The Election Commission makes every effort for the smooth conduct of
elections. The Commission also requests the President or the Governor, as the case may be,
to make available such staff and army as may be necessary for the smooth conduct of the
elections.
Conduct of the Polls: Elections are hotly contested affairs, for different political parties try
all possible means to have their candidates elected. The Election Commission has thus to be
very vigilant in order to guard against malpractices including false voting, rigging, booth
jams, managing the voting fraudulently etc. Peaceful and lawful conduct of polls depends
very much on the joint endeavor of the State Government and the Election Commission.
Appointment of observers: The Commission may appoint such number of poll observers
which it considers necessary, for ensuring free and fair elections.
Election Schedule: The election schedule is announced by the Election Commission through
Press Conference. The announcement is followed by the publication of The model code of
conduct. On publication of notification, the candidates can file their nominations.
Quasi Judicial Functions: The Commission settles the disputes between the splinter groups
of the recognized parties as its quasi-judicial jurisdiction. It ensures that Model Code of
Conduct is followed by the political parties. It also sends its opinion to the higher courts in
relation to the cases of the persons found guilty of corrupt practices.
Holding of by-elections: Whenever there is a mid-term vacancy in Parliament or State
Legislature the Election Commission holds by-elections to fill up vacancies.
Cancellation of Polls: The Election Commission is responsible for holding elections. But if
the Commission, on the basis of information and findings, comes to the decision that the
elections have been rigged at any polling booth, it has the power to cancel the elections of
those booths and can order fresh re-poll in those booths. Even the Commission can cancel
the election result of a constituency and order fresh pool.
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Recognition of Political Parties and Allotment of Symbols: It is one of the important

functions of the Election Commission to recognize political parties both at the National and
Regional levels and allot appropriate symbols to them.
Disqualifying the Candidates: The Election Commission has the power to disqualify a
candidate if he or she does not file election returns within a prescribed period. The
Commission also advises the President about the disqualification of MPs and MLAs, if they
accept paid government assignments.
Code of Conduct: The Commission formulates the code of conduct to be observed by the
political parties and candidates in election period and maintains vigilance to ensure that those
are strictly followed.
Functions related to the Political Parties: The Commission also observes the conduct of
registered Political parties.
Media: The Commission also conducts briefings for the mass media during the election
period. Media persons are allowed to get facilities to know the necessary information about
the poll and counting.
Panchayati Raj System
Panchayati Raj System in India A strong, vibrant local government is a means of political
decentralization. There are several advantages of the Decentralization. Decision-making
being closer to the people, decentralization ensures decision-makers more effective
accountability to the governed. This also ensures more realistic programming, for local
problems are apt to receive urgent attention. Local vigilance also increases; thereby reducing
the room for corruption. This certainly goes a long way towards maximising returns on every
rupee spent on development. These are some of the tangible advantages of decentralization.
Evolution of Panchayati Raj System in India
The Community Development Programme
On 15 August 1947, India got an opportunity of redeeming the pledges made to the people
during the long-drawn freedom movement. Among the first tasks that India had to assume
was the formulation and execution of the first five year plan in the fifties.
Post Independence, the first major development programme launched in India was
Community Development Programme in 1952. Core philosophy was overall development of
rural areas and peoples participation.
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This programme was formulated to provide an administrative framework through which the
government might reach to the district, tehsil / taluka and village level.
All the districts of the country were divided into Development Blocks and a Block
Development Officer (BDO) was made in charge of each block.
Below the BDO were appointed the workers called Village Level Workers (VLW) who were
responsible to keep in touch with 10-12 villages. So, a nationwide structure was started to be
created.
Thousands of BDOs and VLWs were trained for the job of carrying out array of government
programmes and make it possible to reach the government to villages. Top authority was
Community Development Organization and a Community Development Research Center
was created with best academic brains of the country at that time.
This programme was not successful. Its failure was directly attributed to inadequacy of
avenues of popular participation in local level programmes of rural development. This was
the finding of the team for the study of community projects and national extension service
under the chairmanship of Balwant Rai Mehta, reporting in 1959.
Balwant Rai Mehta Committee Report
The Community Development Programme was formulated to provide an administrative
framework through which the government might reach to the district, tehsil / taluka and
village level. All the districts of the country were divided into Development Blocks and a
Block Development Officer (BDO) was made in charge of each block. Below the BDO
were appointed the workers called Village Level Workers (VLW) who were responsible to
keep in touch with 10-12 villages. So, a nationwide structure was started to be created.
Thousands of BDOs and VLWs were trained for the job of carrying out array of government
programmes and make it possible to reach the government to villages. Top authority was
Community Development Organization and a Community Development Research Center
was created with best academic brains of the country at that time.
But this programme could not deliver the results. The programme became an overburden on
the Government.
Further, in 1953, the National Extension Services were started under which the entire
country was divided into Blocks. These Blocks were envisaged as smallest division for
development work.
In 1957, the Balvant Rai Mehta Committee was appointed to study the Community
Development Programmes and National Extension Services Programme especially from the
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point of view of assessing the extent of peoples participation and to recommend the creation
of the institutions through which such participation can be achieved.
Following were the landmark recommendations of the Balwant Rai Mehta Committee:
Panchayati Raj Institutions should be composed of elected representatives and should enjoy
enough autonomy and freedom. The Balwant Rai Mehta committee recommended a 3-tier
Panchayati Raj System which includes
Zila Parishad at the District Level
Panchayat Samiti at the Block/ Tehsil/ Taluka Level
Gram Panchayat at the Village Level
Structure of the PRIs

Though the basic structure of the PRIs is identical across the states of India, it is described
via different nomenclatures in different states. Panchayats in every state has its own
characteristics and even election procedures to these institutions are at variance.
A District Panchayat or Zilla Parishad is co terminus with the district. Each district has one
Zilla Parishad.
Similarly Block Panchayats or Panchayat Samitis are co terminus with blocks of the said
district.
A Block may have several villages within it, but Gram Panchayats are not necessarily co
terminus with each village. Depending on the size of population (as a matter of fact, number
of voters) a Gram is defined under the law with a specific geographical area, which may
consist of a single village or a cluster of adjoining villages.
Members of Panchayats:
A. Zilla Panchayat:
Each block Panchayat under a ZP elects one/two/three members directly (depending on
number of voters within it). Presidents of all the Block Panchayats are also ex-officio
members of the ZP. In some states the Member of Legislative Assembly (MLA) and
Member of Parliament (MP) of the district/constituency are also ex-officio members
Functions of the Zilla Panchayat
1. The Zilla Panchayat all perform the functions specified in Schedule III:
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Provided that where the State Government or Central Government provide funds for the
performance of any function specified in Schedule III, the Zilla Panchayat shall perform such
functions in accordance with guidelines or norms laid down for performance of such
function.
2. Not withstanding anything contained in Sub-section (1) or Schedule I, it shall be
obligatory on the part of the Zilla Panchayat so far as the Zilla Panchayat fund at its disposal
will allow, to make reasonable provisions within the area under its jurisdiction, in respect of
the following matters, namely:(i) establishment of health centres including maternity centres so as to cover the entire
population within five years, as per the norms laid down by the Government;
(ii) construction of underground water recharge structures to ensure availability of water in
the drinking water wells;
(iii) prevention of drilling of irrigation borewells in the vicinity of drinking water wells to
ensure adequate drinking water, specially in lean season;
(iv) drawing up a plain for social forestry development in each taluk and spending not less
than such percentage of the District Plan allocation every year as may be specified by the
Government from time to time.
B. Block Panchayat or Panchayat Samiti:
Each GP under a Block Panchayat elects one/two/three members directly to the Block
Panchayat. GP pradhans are ex-officio members of the Block Panchayats.
C. Gram Panchayat:
A Gram as defined under the Act (meaning a village or a cluster of villages) is divided into a
minimum of five constituencies (again depending on the number of voters the Gram is
having). From each of these constituencies one member is elected. Body of these elected
members is called the Gram Panchayat. Size of the GPs varies widely from state to state. In
states like West Bengal, Kerala etc. a GP has about 20000 people on an average, while in
many other states it is around 3000 only.
D. Gram Sabha:
In most of the states, each constituency of the members of the Gram Panchayat is called the
Gram Sabha and all the voters of the same constituency are members of this body. However,
in some states this is called Ward Sabha/Palli Sabha etc. In West Bengal it is called Gram
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Sansad (village parliament). Gram Sabha in West Bengal has a different meaning. Here all
the voters of the Gram Panchayat as a whole constitute the Gram Sabha.
Under the Constitution there can be only three tiers of the Panchayat. The Gram Sabha is not
a tier of the PR system. It does not have any executive function and operates as a
recommending body only.
Gram Sabhas hold meetings normally 2 to 4 times a year, but can meet as and when
necessary. In some states dates of these meetings are fixed (Madhya Pradesh, Gujarat etc.)
while in others dates are fixed by the Gram Panchayats. Issues to be discussed in the
meetings can be wide ranging but the essential agenda should include: Annual Action Plan
and Budget, Annual Accounts and Annual report of the GP, selection of beneficiaries for
different social service programmes (Indira Awas Yojana (IAY), Pension Schemes etc.),
identification of schemes for preparation of Annual Plan for development programmes (e.g.
MGNREGS) of GP, consideration of the Audit reports, analyses of GPs performance etc.
The diagram at the end of the note demonstrates the typical structure of the rural local
governance system in India, taking the example of West Bengal.
Functioning of Panchayats
As per the Constitution, Panchayats in their respective areas would prepare plans for
economic development and social justice and also execute them.
To facilitate this, states are supposed to devolve functions to Panchayats (29 subjects
as mandated) and also make funds available for doing these (as per State Finance
Commissions recommendations).
The functions of Panchayats are divided among different Committees (as ministries
are formed in state and union governments), which are called Standing Committees/Sthayee
Samitis/Upa Samitis etc.
One of the members remains in charge of each of such committees while the over-all
charge rests with the chairperson of the Panchayat.
Panchayats are supported by a host of other of officials, the number of which varies
from state to state.
Apart from grants received from the government under the recommendation of the
Finance Commission, Panchayats receive schematic funds for implementation of schemes
(MGNREGS, BRGF, IAY etc.). They can also raise revenue by imposing taxes, fees,
penalties etc. as per rule of the state.
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UNIT 03:
Fundamental Rights and Duties

Fundamental Rights are most important characteristics of the Constitution. Fundamental
Rights are considered to be essential for the proper moral and material uplift of people.
These rights are fundamental in the sense that any law passed by the legislature in the
country would be declared as null and void if it is derogatory to the rights guaranteed by the
constitution. If any of these rights is violated, the individual affected is entitled to move the
Supreme Court or High Court for the protection and enforcement of his rights. The rights are
not absolute and can be curtailed during an emergency.
The Constitution guarantees six fundamental rights to Indian citizens as follows:
(i) Right to equality,
(ii) Right to freedom,
(iii) Right against exploitation,
(iv) Right to freedom of religion,
(v) Cultural and educational rights, and
(vi) Right to constitutional remedies.
While these fundamental rights are universal, the Constitution provides for some exceptions
and restriction
1. Right to Equality : Right to equality is very important in a society like ours. The purpose
of this right is to establish the rule of law where all the citizens should be treated equal
before the law. It has five provisions (Articles 14-18) to provide for equality before law or
for the protection of law to all the persons in India and also to prohibit discrimination on the
grounds of religion, race, caste, sex or place of birth.
(i) Equality before Law: The Constitution guarantees that all citizens will be equal before
law. It means that everyone will be equally protected by the laws of the country. No person
is above law. It means that if two persons commit the same crime, both of them will get the
same punishment without any discrimination.
(ii) No Discrimination on the basis of Religion, Race, Caste, Sex or Place of Birth: The
State cannot discriminate against a citizen on the basis of religion, race, caste, sex or place of
birth. This is necessary to bring about social equality.
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Every citizen of India has equal access to shops, restaurants, places of public entertainment
or in the use of wells, tanks or roads without any discrimination. However, the State can
make special provisions or concessions for women and children.
(iii) Equality of Opportunity to all Citizens in matter of Public Employment: The State
cannot discriminate against anyone in the matter of public employment. All citizens can
apply and become employees of the State. Merits and qualifications will be the basis of
employment. However, there are some exceptions to this right. There is a special provision
for the reservation of posts for citizens belonging to Scheduled Castes, Scheduled Tribes and
Other Backward Classes (OBCs).
(iv) Abolition of Untouchability: Practising untouchability in any form has been made a
punishable offence under the law. This provision is an effort to uplift the social status of
millions of Indians who had been looked down upon and kept at a distance because of either
their caste or the nature of their profession.
But, it is really very unfortunate that despite constitutional provisions, this social evil
continues even today. Can you find any difference when you see a nurse cleaning a patient, a
mother cleaning her child and a lady cleaning a toilet in the illustration? Why do people
consider the cleaning of a toilet in a derogatory manner?
(v) Abolition of Titles: All the British titles like Sir (Knighthood) or Rai Bahadur which
were given to the British loyalists during the British rule, have been abolished because they
created distinctions of artificial nature. However, the President of India can confer civil and
military awards to those who have rendered meritorious service to the nation in different
fields. The civil awards such as Bharat Ratna, Padma Vibhushan, Padam Bhushan and
Padma Shri and the military awards like Veer Chakra, Paramveer Chakra, Ashok Chakra are
conferred. Do you know that these awards are not titles? Educational and military awards
can be prefixed with ones name?
2. Right to Freedom: Human beings definitely want and need freedom. You also want to
have freedom. The Constitution of India provides Right to Freedom to all its citizens. This
Right is stipulated under Articles 19-22. The following are the four categories of Rights to
Freedom:
I. Six Freedoms: Article 19 of the Constitution provides for the following six freedoms:
(a) Freedom of speech and expression
(b) Freedom to assemble peacefully and without arms
(c) Freedom to form Associations and Unions
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(d) Freedom to move freely throughout the territory of India

(e) Freedom to reside and settle in any part of India
(f) Freedom to practise any profession or to carry on any occupation, trade or business
II. Protection in respect of conviction for offences: Article 20 of the Constitution provides
for the protection in respect of conviction for offences. No one can be convicted for an act
that was not an offence at the time of its commission, and no one can be given punishment
greater than what was provided in the law prevalent at the time of its commission. Also, no
one can be prosecuted and punished for the same offence more than once and can be forced
to give witness against his or her own self.
III. Protection of life and personal liberty: As provided in Article 21, no one can be
deprived of his or her life or personal liberty except according to the procedure established
by law.
IV. Protection against arrest and detention in certain cases: It is provided in Article 22
that whenever a person is arrested, he or she should be informed, as soon as it is possible, of
the grounds for arrest and should be allowed to consult and to be defended by a legal
practitioner of his or her choice.
3. Right against Exploitation: Have you ever thought how many ways exploitations take
place in our society? You might have seen a small child working in a tea shop or a poor and
illiterate person being forced to work in the household of a rich person. Traditionally, the
Indian society has been hierarchical that has encouraged exploitation in many forms. Which
is why, the Constitution makes provisions against exploitation. The citizens have been
guaranteed the right against exploitation through Articles 23 and 24 of the Constitution.
These two provisions are:
a. Prohibition of traffic in human beings and forced labour: Traffic in human beings and
begar and other similar forms of forced labour are prohibited and any breach of this
provision shall be an offence punishable in accordance with law.
b. Prohibition of employment of children in factories, etc.: As the Constitution provides,
no child below the age of fourteen years shall be employed to work in any factory or mine or
engaged in any other hazardous employment. This right aims at eliminating one of the most
serious problems, child labour, that India has been facing since ages. Children are assets of
the society. It is their basic right to enjoy a happy childhood and get education. But as shown
in the illustration and as you also may have observed, in spite of this constitutional provision,
the problem of child labour is still continuing at many places. This malice can be eliminated
by creating public opinion against it.
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4. Right to Freedom of Religion: As you know, one of the objectives declared in the
Preamble is to secure to all its citizens liberty of belief, faith and worship. Since India is a
multi-religion country, where Hindus, Muslims, Sikhs, Christians and many other
communities live together, the Constitution declares India as a secular state. It means that
Indian State has no religion of its own. But it allows full freedom to all the citizens to have
faith in any religion and to worship, the way they like. But this should not interfere with the
religious beliefs and ways of worship of other fellow beings. This freedom is available to the
foreigners as well. In respect of the Right to freedom the Constitution makes the following
four provisions under Articles 25-28:
a. Freedom of conscience and free profession, practice and propagation of religion: All
persons are equally entitled to freedom of conscience and the right to profess, practise and
propagate religion freely. However, it does not mean that one can force another person to
convert his/her religion by force or allurement. Also, certain inhuman, illegal and
superstitious practices have been banned. Religious practices like sacrificing animals or
human beings, for offering to gods and goddesses or to some supernatural forces are notpermissible. Similarly, the law does not permit a widow to get cremated live with her dead
husband (voluntarily or forcibly) in the name of Sati Pratha. Forcing the widowed woman
not to marry for a second time or to shave her head or to make her wear white clothes are
some other social evils being practised in the name of religion. Besides the above stated
restrictions, the State also has the power to regulate any economic, financial, political or
other secular activities related to religion. The State can also impose restrictions on this right
on the grounds of public order, morality and health.
b. Freedom to manage religious affairs: Subject to public order, morality and health, every
religious group or any section thereof shall have the right (a) to establish and maintain
institutions for religious and charitable purposes; (b) to manage its own affairs in matters of
religion; (c) to own and acquire movable and immovable property; and (d) to administer such
property in accordance with law.
c. Freedom as to the payment of taxes for promotion of any particular religion: No
person shall be compelled to pay any tax, the proceeds of which are specifically used in
payment of expenses the incurred on the promotion or maintenance of any particular religion
or religious sect.
d. Freedom as to attendance at religious instruction or religious worship in certain
educational institutions: No religious instruction shall be provided in any educational
institution wholly maintained out of State funds. However, it will not apply to an educational
institution which is administered by the State but has been established under any trust which
requires that religious instruction shall be imparted in such an institution. But no person
attending such an institution shall be compelled to take part in any religious instruction that
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may be imparted there or attend any religious worship that may be conducted there. In case
of a minor, the consent of his/her guardian is essential for attending such activities.
5. Cultural and Educational Rights: India is the largest democracy in the world having
diversity of culture, scripts, languages and religions. As we know the democracy is a rule of
the majority. But the minorities are also equally important for its successful working.
Therefore, protection of language, culture and religion of the minorities becomes essential so
that the minorities may not feel neglected or undermined under the impact of the majority
rule. Since people take pride in their own culture and language, a special right known as
Cultural and Educational Right has been included in the Chapter on Fundamental Rights. In
Articles 29-30 two major provisions have been made:
a. Protection of interests of minorities: Any minority group having a distinct language,
script or culture of its own shall have the right to conserve the same. No citizen shall be
denied admission into any educational institution maintained by the State or receiving aid out
of State funds on grounds only of religion, race, caste, language or any of them.
b. Right of minorities to establish and administer educational institutions: All
Minorities, whether based on religion or language, have the right to establish and administer
educational institutions of their choice. In making any law providing for the compulsory
acquisition of any property of an educational institution established and administered by a
minority, the State shall ensure that the amount fixed by or determined under such law for
the acquisition of such property would not restrict or abrogate the right guaranteed under that
clause. The State shall not, in granting aid to educational institutions, discriminate against
any educational institution on the ground that it is under the management of a minority,
whether based on religion or language.
6 Right to Constitutional Remedies Since Fundamental Rights are justiciable, they are just
like guarantees. They are enforceable, as every individual has the right to seek the help from
courts, if they are violated. But in reality it is not so. Encroachment or violation of
Fundamental Right in our day to day life is a matter of great concern. Which is why, our
Constitution does not permit the legislature and the executive to curb these rights. It provides
legal remedies for the protection of our Fundamental Rights. This is called the Right to
Constitutional Remedies stipulated in Article 32. When any of our rights are violated, we can
seek justice through courts. We can directly approach the Supreme Court that can issue
directions, orders or writs for the enforcement of Fundamental Rights.
7. Right to Education (RTE) The Right to Education is added by introducing a new Article
21A in the Chapter on Fundamental Rights in 2002 by the 86th Constitutional Amendment.
It was a long standing demand so that all children in the age group of 6-14 years (and their
parents) can claim compulsory and free education as a Fundamental Right. It is a major step
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forward in making the country free of illiteracy. But this addition remained meaningless, as it
could not be enforced until 2009 when the Parliament passed the Right to Education Act,
2009. It is this Act which aims at ensuring that every child who is between 6-14 years of age
and is out of the school in India, goes to school and receives quality education, that is his/her
right.
Fundamental Duties
After going through the Fundamental Rights, you must have observed and realized that in
return for every right, the society expects the citizens to do certain things which are
collectively known as duties. Some such important duties have been incorporated in the
Indian Constitution also. The original Constitution enforced on 26th January, 1950 did not
mention anything about the duties of the citizen. It was expected that the citizens of free
India would perform their duties willingly. But things did not go as expected. Therefore, ten
Fundamental Duties were added in Part-IV of the
Constitution under Article 51-A in the year 1976 through the 42nd Constitutional
Amendment. However, whereas Fundamental Rights are justiciable, the Fundamental Duties
are non-justiciable. It means that the violation of fundamental duties, i.e. the nonperformance of these duties by citizens is not punishable. The following ten duties have been
listed in the Constitution of India:
1. To abide by the Constitution and respect its ideals and institutions, the National Flag,
National Anthem;
2. To cherish and follow the noble ideals which inspired our national struggle for freedom;
3. To uphold and protect the sovereignty, unity and integrity of India;
4. To defend the country and render national service when called upon to do;
5. To promote harmony and the spirit of common brotherhood amongst all the people of
India and to renounce practices derogatory to the dignity of women;
6. To value and preserve the rich heritage of our composite culture;
7. To protect and improve the natural environments including forests, lakes, rivers and
wildlife;
8. To develop the scientific temper, humanism and the spirit of inquiry and reform;
9. To safeguard public property and not to use violence; and
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10. To serve towards excellence in all spheres of individual and collective activity. Besides,
a new duty has been added after the passage of Right to Education Act, 2009. A parent or
guardian has to provide opportunities for the education of his child/ward between the age of
six and fourteen years.
Nature of Fundamental Duties
These duties are in the nature of a code of conduct. Since they are unjustifiable, there is no
legal sanction behind them. As you will find, a few of these duties are vague. For example, a
common citizen may not understand what is meant by composite culture, rich heritage
humanism, or excellence in all spheres of individual and collective activities. They will
realize the importance of these duties only when these terms are simplified
Special rights created in the constitution for Dalits, Backwards, Women, Children and the
Religious and Linguistic Minorities.
DALIT AND ADIVASI RIGHTS INTIATIVE
The Indian Constitution banned the practice of untouchablity under Article 17 and the
Schedule Caste/ Schedule Tribes (Prevention of Atrocities Act), 1989 was introduced to
combat persecution and discrimination against Dalits and Adivasi (tribal) people. Despite the
existence of these strong legal provisions, Dalit and Adivasi populations have found it
virtually impossible to access their rights through the legal system. In this context, the Dalit
and Adivasi Rights Initiative provides legal aid and rights-awareness to members of Dalit
and Adivasi communities and uses the law to ensure that the violation of Dalit and Adivasi
rights are addressed through the legal system.
WHAT WE DO
This initiative works with the affected communities to set up legal aid centers in order to
increase access to justice for Dalit and Adivasi populations. A crucial element of our work is
creating awareness amongst these marginalized communities about their fundamental human
rights through training programmes and publications in vernacular languages on
Dalit/Adivasi rights and the law. Another significant component of this initiative is building
a network of Dalit/Adivasi lawyers, while simultaneously sensitizing the judiciary to the
needs and issues of populations marginalized by caste and tribal status. For this purpose, we
organize 10-12 training programmes annually, in different parts of the country, which
function as a forum for discussion, consultation, and sensitization.
This Initiative also files individual cases as well as public interest litigations in order to bring
litigation on Dalit and Adivasi issues into the mainstream. We provide legal expertise in
crisis situations by conducting fact-findings, rescues, and crisis-interventions in cases of
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atrocities. Our team has developed alliances with organizations, Schedule Caste/ Schedule
Tribe unions and grassroots organizations; has engaged in advocacy and campaigns; and is
part of the larger movement working for Dalit/ Adivasi rights in India.
ISSUES OF CONCERN
The practice of untouchability and discrimination against Dalits/ Adivasis
Unorganised labour (Migrant Labour, Bonded Labour & Child Labour etc.)
Manual scavenging
Dalit/ Adivasi womens rights
Protecting the rights of couples in inter-caste/ intra-gotra marriages
Dalit/ Adivasi land rights
Affirmative actions/ Protective Discrimination
Special developmental schemes/ policies related to Dalit/Adivasi populations
MAJOR IMPACTS
The Dalit Rights Initiative at HRLN has been instrumental in bringing about some landmark
legal decisions on Dalit/ Adivasi rights, which have positively impacted the lives of
thousands of people around the country. Dalit populations are often forced into manual
labour and scavenging (disposing of human excrement, animal carcasses, etc.). A decision
passed by the Delhi High Court achieved significant results when the court directed the
government to improve the safety conditions of sewer workers in Delhi. This case, however,
also created a wider impact in the Dalit community, when the courts also directed that the
state should aim towards completely phasing out of the employment of persons to clean
sewers, on an emergent basis. (See: National Campaign for Dignity and Rights of Sewerage
and Allied Workers Vs. MCD & Ors.)
Another public interest litigation filed in the Orissa High Court challenged the inaction of the
Ministry of Forest and Environment and the Ministry of Tribal Affairs in implementing the
Scheduled Tribe and Other Forest Dwellers (Reorganization of Forest Rights) Act, 2006.
Our petition forced the authorities to pass orders in all pending applications under the Act
within 3 months and clarified that each order should be verbally communicated to every
applicant. (See: Digee Murmu Vs. Union of India)
Our team places particular emphasis on ensuring that the perpetrators of caste-based
atrocities are held accountable for their actions through the legal system. In a historic
judgment, the Giridh District Court granted life imprisonment with a cost of Rs. 25,000
seven persons responsible for killing a Dalit man. Such judgments set legal precedent and
send out a hard-hitting message that the judicial system will grant no impunity to
perpetrators
of
crimes
against
Dalits
and
Adivasis.
Our lawyers have filed a number of individual cases that have achieved significant largeNEW ALLIANCE COMMERCE COLLEGE, CHANNARAYAPATNA
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scale results. For example, one of the major forms of discrimination against marginalized
sections is the refusal of the police to lodge FIRs against upper-caste perpetrators. We have
intervened in many such cases, securing court directions for lodging FIRs and carrying out
investigations into cases of atrocities against Dalits/ Adivasis.
Constitution of India and Rights of Equality & Backward Classes
Backward Classes
The Central Government of India classifies some of its citizens based on their social and
economic condition as Scheduled Caste (SC), Scheduled Tribe (ST), and Other Backward
Class (OBC). The OBC list presented by the commission is dynamic (castes and
communities can be added or removed) and will change from time to time depending on
social, educational and economic factors. For example, the OBCs are entitled to 27%
reservations in public sector employment and higher education. In the constitution, OBCs are
described as socially and educationally backward classes, and government is enjoined to
ensure their social and educational development.
Until 1985, the affairs of Backward Classes were looked after by the Backward Classes Cell
(BCC) in the Ministry of Home Affairs. With the creation of a separate Ministry of Welfare
in 1985 (renamed as Ministry of Social Justice and Empowerment on 25 May 1998) the
matters relating to Scheduled Castes, Scheduled Tribes, Other Backward Classes (OBCs)
and Minorities were transferred to the new Ministry.
The Backward Classes Division in the ministry looks after the policy, planning and
implementation of programmes relating to social and economic empowerment of OBCs. It
also looks after matters relating to two institutions set up for the welfare of OBCs: National
Backward Classes Finance and Development Corporation (NBCFDC) and the National
Commission for Backward Classes (NCBC).
OBC Definition: What is Other Backward Class: The peoples economically & socially
backward other than SC, ST and FC are an Other Backward Class (OBC).
Who are the Other Backward Class: The peoples who belong to Backward Class (BC), Most
Backward Class (MBC) and Denotified Community (DCN) category in the respective Indian
states governments criteria are grouped & called as Other Backward Class (OBC).
Backward class people is a collective term, used by the Government of India, for castes
which are economically and socially disadvantaged. They typically include the Other
Backward Classes (OBCs). According to The Times of India on 31 August 2010, even
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after 17 years, at most 7% of seats have been filled by OBCs, regardless of their 27%
reservation. This difference between proportion of different communities in higher
educational institutions is mainly because of difference in primary school enrolment.
Political parties in India have attempted to use these communities as vote banks.
Obligation of the government:
Under Article 340 of the Indian Constitution, it is obligatory for the government to promote
the welfare of the Other Backward Classes (OBC). Article 340(1) states, The president may
by order appoint a commission, consisting of such persons as he thinks, fit to investigate the
conditions of socially and educationally backward classes within the territory of India and
the difficulties under which they labour and to make recommendations as to the steps that
should be taken by the union or any state to remove such difficulties and as to improve their
condition and as to the grants that should be made, and the order appointing such
commission shall define the procedure to be followed by the commission.
Article 340(2) states, A commission so appointed shall investigate the matters referred to
them and present to the president a report setting out the facts as found by them and making
such recommendations as they think proper.
Women Rights in India: Constitutional Rights and Legal Rights
The rights available to woman (ladies) in India can be classified into two categories, namely
as constitutional rights and legal rights. The constitutional rights are those which are
provided in the various provisions of the constitution. The legal rights, on the other hand, are
those which are provided in the various laws (acts) of the Parliament and the State
Legislatures.
Constitutional Rights to Women:
The rights and safeguards enshrined in the constitution for women in India are listed below:
1. The state shall not discriminate against any citizen of India on the ground of sex
[Article 15(1)].
2. The state is empowered to make any special provision for women. In other words,
this provision enables the state to make affirmative discrimination in favour of women
[Article 15(3)].
3. No citizen shall be discriminated against or be ineligible for any employment or office
under the state on the ground of sex [Article 16(2)].
4. Traffic in human beings and forced labour are prohibited [Article 23(1)].
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5. The state to secure for men and women equally the right to an adequate means of
livelihood [Article 39(a)].
6. The state to secure equal pay for equal work for both Indian men and women [Article
39(d)].
7. The state is required to ensure that the health and strength of women workers are not
abused and that they are not forced by economic necessity to enter avocations unsuited
to their strength [Article 39(e)].
8. The state shall make provision for securing just and humane conditions of work and
maternity relief [Article 42].
9. It shall be the duty of every citizen of India to renounce practices derogatory to the
dignity of women [Article 51-A(e)].
10. One-third of the total number of seats to be filled by direct election in every Panchayat
shall be reserved for women [Article 243-D(3)].
11. One-third of the total number of offices of chairpersons in the Panchayats at each level
shall be reserved for women [Article 243-D(4)].
12. One-third of the total number of seats to be filled by direct election in every
Municipality shall be reserved for women [Article 243-T(3)].
13. The offices of chairpersons in the Municipalities shall be reserved for women in such
manner as the State Legislature may provide [Article 243-T(4)].
Legal Rights to Women:
The following various legislations contain several rights and safeguards for women:
1. Protection of Women from Domestic Violence Act (2005) is a comprehensive
legislation to protect women in India from all forms of domestic violence. It also
covers women who have been/are in a relationship with the abuser and are subjected to
violence of any kindphysical, sexual, mental, verbal or emotional.
2. Immoral Traffic (Prevention) Act (1956) is the premier legislation for prevention
of trafficking for commercial sexual exploitation. In other words, it prevents trafficking
in women and girls for the purpose of prostitution as an organised means of living.
3. Indecent Representation of Women (Prohibition) Act (1986) prohibits indecent
representation of women through advertisements or in publications, writings, paintings,
figures or in any other manner.
4. Commission of Sati (Prevention) Act (1987) provides for the more effective
prevention of the commission of sati and its glorification on women.
5. Dowry Prohibition Act (1961) prohibits the giving or taking of dowry at or before or
any time after the marriage from women.
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6. Maternity Benefit Act (1961) regulates the employment of women in certain

establishments for certain period before and after child-birth and provides for maternity
benefit and certain other benefits.
7. Medical Termination of Pregnancy Act (1971) provides for the termination of
certain pregnancies by registered medical practitioners on humanitarian and medical
grounds.
8. Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection)
Act (1994)prohibits sex selection before or after conception and prevents the misuse of
pre-natal diagnostic techniques for sex determination leading to female foeticide.
9. Equal Remuneration Act (1976) provides for payment of equal remuneration to both
men and women workers for same work or work of a similar nature. It also prevents
discrimination on the ground of sex, against women in recruitment and service
conditions.
10. Dissolution of Muslim Marriages Act (1939) grants a Muslim wife the right to seek
the dissolution of her marriage.
11. Muslim Women (Protection of Rights on Divorce) Act (1986) protects the rights of
Muslim women who have been divorced by or have obtained divorce from their
husbands.
12. Family Courts Act (1984) provides for the establishment of Family Courts for
speedy settlement of family disputes.
13. Indian Penal Code (1860) contains provisions to protect Indian women from dowry
death, rape, kidnapping, cruelty and other offences.
14. Code of Criminal Procedure (1973) has certain safeguards for women like obligation
of a person to maintain his wife, arrest of woman by female police and so on.
15. Indian Christian Marriage Act (1872) contain provisions relating to marriage and
divorce among the Christian community.
16. Legal Services Authorities Act (1987) provides for free legal services to Indian
women.
17. Hindu Marriage Act (1955) introduced monogamy and allowed divorce on certain
specified grounds. It provided equal rights to Indian man and woman in respect of
marriage and divorce.
18. Hindu Succession Act (1956) recognizes the right of women to inherit parental
property equally with men.
19. Minimum Wages Act (1948) does not allow discrimination between male and female
workers or different minimum wages for them.
20. Mines Act (1952) and Factories Act (1948) prohibits the employment of women
between 7 P.M. to 6 A.M. in mines and factories and provides for their safety and
welfare.
21. The following other legislations also contain certain rights and safeguards for women:
1. Employees State Insurance Act (1948)
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2. Plantation Labour Act (1951)

3. Bonded Labour System (Abolition) Act (1976)
4. Legal Practitioners (Women) Act (1923)
5. Indian Succession Act (1925)
6. Indian Divorce Act (1869)
7. Parsi Marriage and Divorce Act (1936)
8. Special Marriage Act (1954)
9. Foreign Marriage Act (1969)
10. Indian Evidence Act (1872)
11. Hindu Adoptions and Maintenance Act (1956).
22. National Commission for Women Act (1990) provided for the establishment of a
National Commission for Women to study and monitor all matters relating to the
constitutional and legal rights and safeguards of women.
23. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal).
Act (2013)provides protection to women from sexual harassment at all workplaces both
in public and private sector, whether organised or unorganized.
Children rights under the constitution
Children on account of their tender age and immature mind need special care and protection.
They have certain special rights and legal entitlements that are being acknowledged
nationally and internationally. The constitution of India recognized the rights of children for
the first time and included several articles dealing with their liberty, livelihood, and
development of childhood, non-discrimination in educational spheres, compulsory and free
education and prohibition of their employment in factories, mines and hazardous industries.
Socially and physically children are the weakest element of the society. They are not
responsible for many of the cases and do not deserve to suffer. They have no say in any of
the matters of evils like war or external debt. It has been rightly stated in the 1924
declaration of rights of the child (declaration of Geneva) that has now been used for all child
causes mankind owes to the chills the best it has to give. Children are the future. By
investing in them societies will have a bright future?
Right to education
Article 21-A of the constitution states that right to education-the state shall provide free and
compulsory education to all children of the age of six to fourteen years in such a manner as
the state may, by law determine.
The Supreme Court in its liberal interpretation of life and liberty as under Article 21 held that
the term liberty not only includes liberty but also includes livelihood but also the right of
human beings to live with dignity and that also includes the right to education, and therefore,
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right to education is a fundamental right under the constitution. The case of Mohini Jain case
came to be fortified by the supreme courts subsequent constitution bench of Unnikrishnans
case, which held that right to education can be restricted to primary educational level and not
to higher secondary level.
Rights against exploitation
Article 23 states that prohibition of traffic in human beings and forced labour.(1)Traffic in human beings and beggar and other similar forms of forced labour are
prohibited and any contravention of this provision shall be an offence punishable in
accordance with law.
(2)Nothing in this Article shall prevent the state from imposing compulsory service for
public purposes, and in imposing such service the State shall not make any discrimination on
grounds only of religion, race, caste or class or any of them.
Traffic in human beings means to deal in men and women like goods, such as or to sell or let
or otherwise dispose them of. It would include traffic in women and children for immoral or
other purposes. The immoral traffic (prevention) Act, 1956 is a law made by parliament
under Article 35 of the constitution for the purpose of punishing acts which result in traffic
in human beings.
In pursuance of Article 23 the bonded labour system has also been abolished and declared
illegal by the bonded labour system (abolition) act, 1976. To ask a person to work against his
will and not provide him remuneration can be a breach under Article 23 of the Constitution.
In no circumstances can a man be required to work against is will[5].
The Indian penal code and the criminal procedure code have separate provisions prohibiting
traffic in human beings. According to the penal code, selling, letting for hire or otherwise
disposing of, or buying, or hiring or otherwise obtaining possession of any girl under the age
of 18 years for the purpose of prostitution or for any unlawful or immoral purposes is also an
offence. In 1958, by a central enactment organized prostitution as a profession has been
abolished all over the country and the running of brothels has been made an offence.[6]
Article 24-prohibition of employment of children in factories,etc- No child below the age of
fourteen years shall be employed to work in any factory or mine or be engaged in any
hazardous employment
Child labour: Articles 23 and 24 of the constitutions determine the term child labour.
The Child Labour (Prohibition and Regulation) Act, 1986
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This act was enacted on 23rd December 1986 by the parliament and was enforced on 26th
may 1993 by the central government. The act was ineffective for over 8 years due to the
inactiveness of the state and central government. The object of the act is
(i) Ban on the employment of children i.e., those who havent completed their fourteenth
year, in specified occupations;
(ii) Lay down a procedure to decide modifications to the schedule of banned occupation and
processes;
(iii) Regulate the conditions of work of children in employment where they are not
prohibited from working;
(iv) Lay down enhanced penalties for employment of children in violation of the provisions
of this act, and other acts which forbid the employment of the children;
(v) To obtain uniformity in the definition of child in the related laws
Rights of Minorities in Indian Constitution
The Indian Constitution ensures justice, social, economic and political to all citizens. The
Indian Constitution has adopted measures for the protection of the rights of the religious and
ethnic minorities and of the socially and economically disadvantaged classes such as
the scheduled castes and scheduled tribes.
The Indian constitution enshrines various provisions for the protection of the rights and
interest of the minorities.
Firstly, India declares herself a secular state. No particular religion or the religion of the
overwhelming majority, has been made the religion of the state.
Secondly, Article 29 give the religious and linguistic minorities right to establish and
manage educational institutions of their own. The minorities have been given the unrestricted
rights to promote and preserve their own culture. Indeed, India is a country of diverse
cultural groups and She is keen to preserve her cultural diversity. Thus for example, even
though, Hindi is made the official language of India, primary education everywhere is given
in the mother tongue. It may be noted that there are over 20 official languages in India.
Thirdly, Article 29 expressly forbids discrimination on grounds of race, religion, caste,
language, in admission to educational institutions run by the state or receiving aids from the
state. This means that the doors of all educational institutions run by government or
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receiving funds from the state are open to all groups of Indians. Linguistic, religious or
ethnic minority students cannot be denied admission to such educational institutions.
Article 30 is vital to the protection and preservation of rights of the minorities. The
minorities have been given the right to establish and administer educational institutions of
their choice. The state also cannot discriminate against educational institutions established
and managed by the minorities in matters of granting aids. Such educational institutions
however must receive state recognition. The state educational authorities have the right to
regulate such educational institutions because the right to manage does not include the
right to mismanage.
Article 16 guarantees that in matters of public employment, no discrimination shall be made
on grounds of race, religion, caste or language etc. This means that in matters of public
employment, all Indians are placed on a footing of equality. Every citizen of India will get
equal employment opportunity in government offices.
Finally, Article 25 of the Indian constitution guarantees freedom of religion to every
individual. This article of the Indian constitution ensures that the members of the religious
minority community have the unhindered right to follow their own religion. The state
regulates the practice of a religion only when and to the extent it disturbs public peace. The
minority not only has the right to follow their own religion, they also have the right to
propagate it. But the state certainly does and should regulate conversion through force or
temptation. Forcible conversion is forbidden because it transgresses the individuals freedom
of conscience.On the whole, the minorities of all kinds have very secure rights in India
which must be a matter of envy to the minorities elsewhere.
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UNIT 04
Enforcing rights through writs

Article 32 of the Indian constitution provides for constitutional remedies against the
violation or transgression of fundamental rights. The fundamental rights are of highest
importance to the individuals. They are basic conditions for the fullest development of
personality.
Article 32 which was referred to as the very soul of the constitution by Dr. Ambedkar,
provides for constitutional remedies. Clause 2 of Article 32 provides that, The Supreme
Court shall have the power to issue directions or order or writs including the writs in the
nature of habeas corpus, mandamus, prohibition, Quo warranto and criterion, whichever
may be appropriate for the enforcement of any of the rights conferred by fundamental
rights. The citizens are given the right to movethe Supreme Court in case of transgression
of fundamental rights. The Supreme Court thus is constituted into a protector and guarantor
fundamental rights. The right to constitutional remedy is itself a fundamental right.
Writs in Indian Constitution
The Indian Constitution empowers the Supreme Court and High Courts to issue writs for
enforcement of any of the fundamental rights conferred by Part III of Indian Constitution.
The writ issued by Supreme Court and High Court differs mainly in three aspects:
a) The Supreme Court can issue writs only for the enforcement of fundamental rights
whereas a High Court can issue writs for enforcement of fundamental rights along with for
any other purpose (refers to the enforcement of any legal right).
b) SC can issue writ against a person or government throughout the territory whereas High
Court can issue writs against a person residing or against a government located within its
territorial jurisdiction or outside its jurisdiction only if the cause of action arises within the
territorial jurisdiction.
c) SC writs are under Article 32 which in itself is a fundamental right thus SC cannot refuse
to exercise its writ jurisdiction. Whereas article 226 is discretionary thus HC can refuse to
exercise its writ jurisdiction.
Types of writs:
Habeas Corpus Habeas corpus is a Latin term which literally means "You may have the
body". The concept of writ of habeas corpus has originated from England. This is a writ or
legal action which can be used by a person to seek relief from illegal detention. The writ is a
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direction of the Court to a person who is detaining another, commanding him to bring the
body of the person in his custody at a specified time to a specified place for a specified
purpose.
A writ of habeas corpus has only one purpose: to set at liberty a person who is confined
without legal justification; to secure release from confinement of a person unlawfully
detained. The writ does not punish the wrong-doer. If the detention is proved unlawful, the
person who secures liberty through the writ may proceed against the wrong - doer in any
appropriate manner. The writ is issued not only against authorities of the State but also to
private individuals or organizations if necessary.
Mandamus The Latin word 'mandamus' means 'we command'. The writ of 'mandamus' is
an order of the High Court or the Supreme Court commanding a person or a body to do its
duty. Usually, it is an order directing the performance of ministerial acts. A ministerial act is
one which a person or body is obliged by law to perform under given circumstances. For
instance, a licensing officer is obliged to issue a license to an applicant if the latter fulfills all
the conditions laid down for the issue of such license. Similarly, an appointing authority
should issue a letter of appointment to a candidate if all the formalities of selection are over
and if the candidate is declared fit for the appointment. But despite the fulfillment of such
conditions, if the officer or the authority concerned refuses or fails to issue the appointment
letter, the aggrieved person has a right to seek the remedy through a writ of 'mandamus'.
3. Certiorari Literally, Certiorari means to be certified. It is issued by the higher court to the
lower court either to transfer the case pending with the latter to itself or to squash the order
already passed by an inferior court, tribunal or quasi judicial authority. The conditions
necessary for the issue of writ of certiorari.
a. There should be court, tribunal or an officer having legal authority to determine the
question with a duty to act judicially.
b. Such a court, tribunal or officer must have passed order acting without jurisdiction or in
excess of the judicial authority vested by law in such court, tribunal or officer.
c. The order could also be against the principles of natural justice or the order could contain
an error of judgment in appreciating the facts of the case.
4. Prohibition The Writ of prohibition means to forbid or to stop and it is popularly known
as 'Stay Order'. This writ is issued when a lower court or a body tries to transgress the limits
or powers vested in it. The writ of prohibition is issued by any High Court or the Supreme
Court to any inferior court, or quasi judicial body prohibiting the latter from continuing the
proceedings in a particular case, where it has no jurisdiction to try. After the issue of this
writ, proceedings in the lower court etc. come to a stop.
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Difference between Prohibition and Certiorari:

1. While the writ of prohibition is available during the pendency of proceedings, the writ of
certiorari can be resorted to only after the order or decision has been announced.
2. Prohibition can be issued only against judicial and quasi judicial authorities whereas
Certiorari can be issued even against administrative authorities affecting rights of
individuals.
Quo Warranto The word Quo-Warranto literally means "by what warrants?" or "what is
your authority"? It is a writ issued with a view to restrain a person from holding a public
office to which he is not entitled. The writ requires the concerned person to explain to the
Court by what authority he holds the office. If a person has usurped a public office, the Court
may direct him not to carry out any activities in the office or may announce the office to be
vacant. Thus High Court may issue a writ of quo-warranto if a person holds an office beyond
his retirement age.
Public interest litigation:In Indian law, means litigation for the protection of public interest. It is litigation introduced
in a court of law, not by the aggrieved party but by the court itself or by any other private
party. It is not necessary, for the exercise of the court's jurisdiction, that the person who is
the victim of the violation of his or her right should personally approach the court. Public
Interest Litigation is the power given to the public by courts through judicial activism.
In simple words, means, litigation filed in a court of law, for the protection of "Public
Interest", such as pollution, Terrorism, Road safety, constructional hazards etc.
Public interest litigation is not defined in any statute or in any act. It has been interpreted by
judges to consider the intent of public at large. Although, the main and only focus of such
litigation is only "Public Interest" there are various areas where a Public interest litigation
can be filed. For e.g.
- Violation of basic human rights of the poor
- Content or conduct of government policy
- Compel municipal authorities to perform a public duty.
- Violation of religious rights or other basic fundamental rights
Procedure of Filing PIL
1. Make an informed decision to file a case.
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2. Consult all affected interest groups who are possible allies.

3. Be careful in filing a case because
i. Litigation can be expensive.
ii. Litigation can be time consuming.
iii. Litigation can take away decision making capability/strength from communities.
iv. An adverse decision can affect the strength of the movement.
v. Litigation involvement can divert the attention of the community away from the real
issues.
4. If you have taken the decision
i. Collect all the relevant information
ii. Be meticulous in gathering detail for use in the case. If you plan to use photographs, retain
the negatives and take an affidavit from the photographer. Retain bills.
iii. Write to the relevant authorities and be clear about your demands.
iv. Maintain records in an organized fashion.
v. Consult a lawyer on the choice of forum.
vi. Engage a competent lawyer. If you are handling the matter yourself make sure you get
good legal advice on the drafting.
vii. A PIL can be filed only by a registered organization. If you are unregistered, please file
the PIL in the name of an office bearer/member in his/her personal capacity.
viii. You may have to issue a legal notice to the concerned parties/authorities before filing a
PIL. Filing a suit against the government would require issuing a notice to the concerned
officer department at least two months prior to filing.
Directive Principles of State Policy

Part IV, Articles 36-51 of the Indian constitution constitutes the Directive Principles of State
Policy which contain the broad directives or guidelines to be followed by the State while
establishing policies and laws. The legislative and executive powers of the state are to be
exercised under the purview of the Directive Principles of the Indian Constitution.
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The Indian Constitution was written immediately after India obtained freedom, and the
contributors to the Constitution were well aware of the ruined state of the Indian economy as
well as the fragile state of the nations unity. Thus they created a set of guidelines under the
heading Directive Principles for an inclusive development of the society.
Inspired by the Constitution of Ireland, the Directive Principles contain the very basic
philosophy of the Constitution of India, and that is the overall development of the nation
through guidelines related to social justice, economic welfare, foreign policy, and legal and
administrative matters. The Directive Principles are codified versions of democratic socialist
order as conceived by Nehru with an admixture of Gandhian thought.
However, the Directive Principles cannot be enforced in a court of law and the State cannot
be sued for non-compliance of the same. This indeed makes the Directive Principles a very
interesting and enchanting part of the Constitution because while it does stand for the ideals
of the nation, these ideals have not been made mandatory.
Categories
The Directive Principles are divided into the following three categories:
Socialistic Directives: This part contains the directives for securing the welfare of the
people of India, equal distribution of the material resources of the country protection of the
fundamental rights of the children and youth, equal pay for equal work, education etc.
Gandhian Directives: Under these directives are the guidelines for organising village
Panchayat, prohibition of intoxicating drinks and cow-slaughter, secure living wage, decent
standard of life, and to promote cottage industries, to provide free and compulsory education
to all children up to 14 years of age etc.
Liberal Intellectual Directives: In this section there are guidelines for uniform civil code
throughout the country and the legislatures to follow in issuing orders or making laws.
Features
In a nutshell, the Directive Principles consist of the following guidelines for the States:
The State should strive to promote the welfare of the people.
Maintain social order through social, economic and political justice.
The State should strive towards removing economic inequality.
Removal of inequality in status and opportunities.
To secure adequate means of livelihood for the citizens.
Equal work opportunity for both men and women.
Prevent concentration of wealth in specific pockets through uniform distribution of the

material resources amongst all the strata of the society.
Prevention of child abuse and exploitation of workers.
Protection of children against moral and material abandonment.
Free legal advice for equal opportunities to avail of justice by the economically
weaker section.
Organisation of Village Panchayats which will work as an autonomous body working

towards giving justice.
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Assistance to the needy including the unemployed, sick, disabled and old people.
Ensure proper working conditions and a living wage.
Promotion of cottage industries in rural areas.
The state should endeavour towards a uniform civil code for all the citizens of India.
Free and compulsory education for children below the age of 14years.
Economic and educational upliftment of the SC and ST and other weaker sections of
the society.
Prohibition of alcoholic drinks, recreational drugs, and cow slaughter.
Preservation of the environment by safeguarding the forests and the wild life.
Protection of monuments, places and objects of historic and artistic interest and
national importance against destruction and damage.
Promotion and maintenance of international peace and security, just and honourable
relations between nations, respect for international law and treaty obligations, as well as
settlement of international disputes by arbitration.
Implementation of the Directive Principles
List of the Directive Principles
Article 36 Definition
37 Application of the principles contained in this Part
38
State to secure a social order for the promotion of welfare of the People
39
Certain principles of policy to be followed by the State
39A Equal justice and free legal aid
40
Organisation of village panchayats
41
Right to work, to education and to public assistance in certain Cases
42
Provision for just and humane conditions of work and maternity Relief
43
Living wage, etc., for workers
43A Participation of workers in management of industries
44
Uniform civil code for the citizens
45
Provision for free and compulsory education for children
46
Promotion of educational and economic interests of Scheduled Castes,
Scheduled Tribes and other weaker sections
47
Duty of the State to raise the level of nutrition and the standard of living and to
improve public health
48
Organisation of agriculture and animal husbandry
48A Protection and improvement of environment and safeguarding of forests and
wild life
49
Protection of monuments and places and objects of national Importance
50
Separation of judiciary from executive
51
Promotion of international peace and security
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36. Definition.In this Part, unless the context otherwise requires, the State has the same
meaning as in Part III.
37. Application of the principles contained in this Part.The provisions contained in this
Part shall not be enforceable by any court, but the principles therein laid down are
nevertheless fundamental in the governance of the country and it shall be the duty of the
State to apply these principles in making laws.
38. State to secure a social order for the promotion of welfare of the people.
(1) The State shall strive to promote the welfare of the people by securing and protecting as
effectively as it may a social order in which justice, social, economic and political, shall
inform all the institutions of the national life.
(2) The State shall, in particular, strive to minimise the inequalities in income, and endeavour
to eliminate inequalities in status, facilities and opportunities, not only amongst individuals
but also amongst groups of people residing in different areas or engaged in different
vocations.
39. Certain principles of policy to be followed by the State.The State shall, in
particular, direct its policy towards securing
(a) that the citizens, men and women equally, have the right to an adequate means of
livelihood;
(b) that the ownership and control of the material resources of the community are so
distributed as best to subserve the common good;
(c) that the operation of the economic system does not result in the concentration of wealth
and means of production to the common detriment;
(d) that there is equal pay for equal work for both men and women;
(e) that the health and strength of workers, men and women, and the tender age of children
are not abused and that citizens are not forced by economic necessity to enter avocations
unsuited to their age or strength;
(f) that children are given opportunities and facilities to develop in a healthy manner and in
conditions of freedom and dignity and that childhood and youth are protected against
exploitation and against moral and material abandonment.
39A. Equal justice and free legal aid.The State shall secure that the operation of the
legal system promotes justice, on a basis of equal opportunity, and shall, in particular,
provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that
opportunities for securing justice are not denied to any citizen by reason of economic or
other disabilities.
40. Organisation of village panchayats.The State shall take steps to organise village
panchayats and endow them with such powers and authority as may be necessary to enable
them to function as units of self-government.
41. Right to work, to education and to public assistance in certain cases.The State
shall, within the limits of its economic capacity and development, make effective provision
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for securing the right to work, to education and to public assistance in cases of
unemployment, old age, sickness and disablement, and in other cases of undeserved want.
42. Provision for just and humane conditions of work and maternity relief.The State
shall make provision for securing just and humane conditions of work and for maternity
relief.
43. Living wage, etc., for workers.The State shall endeavour to secure, by suitable
legislation or economic organisation or in any other way, to all workers, agricultural,
industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard
of life and full enjoyment of leisure and social and cultural opportunities and, in particular,
the State shall endeavour to promote cottage industries on an individual or co-operative basis
in rural areas.
43A. Participation of workers in management of industries.The State shall take steps,
by suitable legislation or in any other way, to secure the participation of workers in the
management of undertakings, establishments or other organisations engaged in any industry.
44. Uniform civil code for the citizens.The State shall endeavour to secure for the
citizens a uniform civil code throughout the territory of India.
45. Provision for early childhood care and education to children below the age of six
years.The State shall endeavour to provide early childhood care and education for all
children until they complete the age of six years.
46. Promotion of educational and economic interests of Scheduled Castes, Scheduled
Tribes and other weaker sections.The State shall promote with special care the
educational and economic interests of the weaker sections of the people, and, in particular, of
the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice
and all forms of exploitation.
47. Duty of the State to raise the level of nutrition and the standard of living and to
improve public health.The State shall regard the raising of the level of nutrition and the
standard of living of its people and the improvement of public health as among its primary
duties and, in particular, the State shall endeavour to bring about prohibition of the
consumption except for medicinal purposes of intoxicating drinks and of drugs which are
injurious to health.
48. Organisation of agriculture and animal husbandry.The State shall endeavour to
organise agriculture and animal husbandry on modern and scientific lines and shall, in
particular, take steps for preserving and improving the breeds, and prohibiting the slaughter,
of cows and calves and other milch and draught cattle.
48A. Protection and improvement of environment and safeguarding of forests and wild
life.The State shall endeavour to protect and improve the
environment and to safeguard the forests and wild life of the country.
49. Protection of monuments and places and objects of national
importance.It shall be the obligation of the State to protect every monument or place or
object of artistic or historic interest, declared by or under law made by Parliament to be of
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national importance, from spoliation, disfigurement, destruction, removal, disposal or export,

as the case may be.
50. Separation of judiciary from executive.The State shall take steps to separate the
judiciary from the executive in the public services of the State.
51. Promotion of international peace and security.The State shall endeavour to
(a) Promote international peace and security;
(b) Maintain just and honourable relations between nations;
(c) Foster respect for international law and treaty obligations in the dealings of organised
peoples with one another; and
(d) Encourage settlement of international disputes by arbitration.
Difference between Fundamental Rights and Directive Principles of State Policy
Fundamental Rights
Negative in nature as it prohibits the state
from doing certain things
Justiciable in nature i.e. matter can be taken
to court for their implementation
Aims to establish political democracy
Have legal sanctions
Promote welfare of individual. Hence they
are personal and individualistic
No legislation (laws) required for their
implementation
It is obligatory on the part of Courts to
declare any law violative of Fundamental
right as unconstitutional and invalid
Directive Principles
Positive in nature as it requires the state to
do certain things
Non-justiciable in nature i.e. matter cant be
taken to court for their implementation
Aims to establish social and economic
democracy
Have moral and political sanctions
Promote welfare of community. Hence they
are societarian and socialistic.
Legislation (laws) required for their
implementation
It is not obligatory on the part of Courts to
declare any law violative of Directive
Principles as unconstitutional and invalid.
Constitution and Sustainable Development

Constitutional Courts are forums of principles. Development of constitutional law takes
place when jurisprudential expansion of the contours of the rights enumerated in Part III of
the Constitution and Part IV of the Constitution is undertaken. Jurisprudential development
embodies evolving concepts like inter-generational equity in environmental laws, modern
ultra-vires doctrine based on rule of law, the precautionary principle in environmental laws,
the polluter pays principle in environmental laws and the bare minimum provision principle
in resource allocation disputes (socio-economic rights). Since such jurisprudential expansion
of law is an on-going process from time to time, we need to revisit constitutional values like
welfare rights. That is the reason why we have selected the theme of this lecture to
be Reframing of Welfare Rights under the Indian Constitution.
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(ii) Sustainable Development

Environment is a national asset. It cannot be treated as an asset to be exploited by the
Govt(s) for revenue purposes. It incorporates the principles Polluters Pay and
Precautionary principles. Its object is inter-generational. These come under the doctrine
of sustainable development which ensures inter-generational equity (better quality of life
for present and future generations). Between 1927 (when the Indian Forest Act came into
force) and 1980 (when the Forest Conservation Act came into force), forests were treated
as assets to be exploited for revenue. However, with the enactment of the Forest
Conservation Act, 1980, forests are to be preserved. The object is to protect nature on
whom our survival depends. Natural resources are brought into Article 21 by invoking the
doctrine of Public Trust. Thus, precautionary principle, as an aspect of doctrine of
sustainable development, is no more a political principle but a constitutional principle in our
jurisprudence. This is what I call as development of law. The consequence of such an
interpretation is that absence of legislation is no hurdle. It is important to note that when a
right in the form of basic human value or where the concept is given recognition of a
constitutional value, constitutional adjudication principles steps in which is much wider in its
ambit as compared to norms under administrative laws. Lastly, I believe that laws
constitute response to life. The doctrine of sustainable development is all about balancing
of rights. Conflict arises when principles intersect. Substitution of environmental
capital by man-made capital is impermissible once environment is read into Article 21.
(iii)
Problems in implementation of the above principles
(a)
Multiple definitions of the words sustainable development. Difficulties in
ascertaining the substantial meaning of the words polluters pay principle. When have they
to be applied? In some cases, economic considerations may outweigh environment
consideration and vice-versa. The Supreme Court of India may have the authority to give
weightage to these considerations. However, the question is should it? How to balance
these principles which intersect?
(b)
Are these legal or political principles? The Supreme Court has given legal
recognition but problem is due to multiple definitions of sustainable development.
(c)
In most countries (except India), they are not recognized as legal principles; though
approach is present. According to WTO Appellate Tribunal, Courts should look at the above
principles in the specific context. The reason seems to be that although enactments like the
Forest Conservation Act, 1980, the Environment (Protection) Act, 1986 regulate human
activities, these Acts give wide discretionary powers to the Authorities under the Act(s).
(d)
The Threshold Test when to apply the Precautionary Principle. Neither the
Environment (Protection) Act, 1986 nor the Forest Conservation Act, 1980 provides for it. If
so, whether a successful judicial review could be brought? The view in some of the countries
is that these principles are to be kept in mind by the executive decision makers as the
principles relating to environment should be the responsibility of the Executive and not the
Courts and that judicial review should be left to extreme cases because the provisions of the
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Forest Conservation Act, 1980 and the Environment Protection Act, 1986 are symbolic or
that these provisions be monitored through procedural requirement. In this connection, we
must keep in mind the difference between judicial enforcement where the Court is the
primary tool and the courts supervisory role of administrative programmes.
(e)
None of the Acts create criminal or administrative offences in relation to sustainable
development. The duties in the two Acts are directory
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UNIT 05
Separation of Powers in Constitution of India
While framing the Indian constitution the Constituent Assembly was working meticulously
to frame a system of Governance in which the powers conferred by the people won't be
vested on a single person/institution. Hence they devised the principle of 'Separation of
powers' among the three pillars of democracy
Executive
Legislature
Judiciary
Executive : Prime Minister along with his council of ministers is called the Temporary
Executives. They implement the policies framed by the legislature. They are elected for
every five years and hence called as Temporary Executives. These executives are drawn
from the legislature.
Civil servants and other officers, staffs working under the government of India is
called the Permanent Executives. They are assigned the task of policy implementation.
Legislature : It is the policy making body of India. Each and every bill proposed by the
executive has to be initiated, discussed, reviewed, amended and voted upon in the legislature.
So ultimately it is the legislature that decides which bills should be passed. The Executive
can bypass the legislature through Ordinance. But the validity of this ordinance is six months
only and it has to be ratified by the legislature.
Judiciary : Judiciary is the adjudicating body. Indian judiciary is an integrated and
independent judiciary meaning Supreme court is at the helm of the judiciary and all other
courts comes below the Supreme court and the Judiciary is independent of the executive and
the legislature.
Judiciary has the power to review any law passed by the Parliament and can declare a law
null and void if it violates the constitution.
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Legislative Powers
The power of the states and the Centre are defined by the constitution and the legislative
powers are divided into three lists. i.e.
Union List
Union list consists of 100 items (previously 97 items) on which the parliament has exclusive
power to legislate including: defence, armed forces, arms and ammunition, atomic energy,
foreign affairs, war and peace, citizenship, extradition, railways, shipping and navigation,
airways, posts and telegraphs, telephones, wireless and broadcasting, currency, foreign trade,
inter-state trade and commerce, banking, insurance, control of industries, regulation and
development of mines, mineral and oil resources, elections, audit of Government accounts,
constitution and organisation of the Supreme Court, High Courts and union public service
commission, income tax, custom duties and export duties, duties of excise, corporation tax,
taxes on capital value of assets, estate duty, terminal taxes.
State list
State list consists of 61 items (previously 66 items). Uniformity is desirable but not essential
on items in this list: maintaining law and order, police forces, healthcare, transport, land
policies, electricity in state, village administration, etc. The state legislature has exclusive
power to make laws on these subjects. But in certain circumstances, the parliament can also
make laws on subjects mentioned in the State list, then the Council of States (Rajya Sabha)
has to pass a resolution with 2/3rd majority that it is expedient to legislate on this state list in
the national interest.
Though states have exclusive powers to legislate with regards to items on the State list,
articles 249, 250, 252, and 253 state situations in which the federal government can legislate
on these items.
Concurrent List
Concurrent list consists of 52 (earlier 47) items. Uniformity is desirable but not essential on
items in this list: Marriage and divorce, transfer of property other than agricultural land,
education, contracts, bankruptcy and insolvency, trustees and trusts, civil procedure,
contempt of court, adulteration of foodstuffs, drugs and poisons, economic and social
planning, trade unions, labour welfare, electricity, newspapers, books and printing press,
stamp duties.
Residuary Subjects
The subjects that are not mentioned in any of the three lists are known as Residuary Subjects.
Subject to the provisions of the constitution, the power to legislate on these, rests
with parliament or state legislative assembly as the case may be per Article 245. In case the
above lists are to be expanded or amended, the legislation should be done by the Parliament
under its constituent power per Article 368 with ratification by the majority of the
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states.[4] Federalism is part of the basic structure of the Indian constitution which cannot be
altered or destroyed through constitutional amendments under the constituent powers of the
Parliament without undergoing judicial review by the Supreme Court.
The distribution of legislative powers by the constitution is heavily tilted towards the centre.
Over and above this, the constitution visualizes 5 extraordinary situations, when the Union
Parliament will be competent to legislate on matters in the state list.
Firstly, under Art 249, the Parliament may legislate on any subject in the state list, if the
Rajya Sabha passes a resolution by not less than a 2/3 majority that it is necessary to do so in
the national interest.
Secondly, under Art 250, the Union Parliament may legislate on state subjects when a
Proclamation of National emergency is in operation under Art. 352.
Thirdly, under Art 252, the Parliament may legislate on state subjects on request by the
legislatures of two or more states.
Fourthly, under Art 253, the Parliament is competent to legislate on subjects in the state list
for the implementation of international treaties, a agreements or convention with foreign
states.
Finally, when a breakdown of constitutional machinery in a state occurs and there is a
consequent Presidents rule in state under Art. 356, the powers of the State Legislature are
exercised by the Parliament.
Executive power of the Union
(1) The executive power of the Union shall be vested in the President and shall be exercised
by him either directly or through officers subordinate to him in accordance with this
Constitution
(2) Without prejudice to the generality of the foregoing provision, the supreme command of
the Defence Forces of the Union shall be vested in the President and the exercise thereof
shall be regulated by law
(3) Nothing in this article shall
(a) be deemed to transfer to the President any functions conferred by any existing law on the
Government of any State or other authority; or
(b) prevent Parliament from conferring by law functions on authorities other than the
President
Executive power of State.(1) The executive power of the State shall be vested in the Governor and shall be exercised
by him either directly or through officers subordinate to him in accordance with this
Constitution.
(2) Nothing in this article shall(a) be deemed to transfer to the Governor any functions conferred by any existing law on any
other authority; or
(b) prevent Parliament or the Legislature of the State from conferring by law functions on
any authority subordinate to the Governor.
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Executive
The Union executive consists of the President, the Vice-President, and the Council of
Ministers with the Prime Minister as the head to aid and advise the President.
President
The President is elected by members of an electoral college consisting of elected members of
both Houses of Parliament and Legislative Assemblies of the states in accordance with the
system of proportional representation, by means of single transferable vote. To secure
uniformity among state inter se, as well as parity between the states as a whole, and the
Union, suitable weightage is given to each vote. The President must be a citizen of India, not
less than 35 years of age, and qualified for election as member of the Lok Sabha. His term of
office is five years, and he is eligible for re-election. His removal from office is to be in
accordance with procedure prescribed in Article 61 of the Constitution. He may, by writing
under his hand addressed to the Vice-President, resign his office.
Executive power of the Union is vested in the President, and is exercised by him either
directly or through officers subordinate to him in accordance with the Constitution. Supreme
command of defence forces of the Union also vests in him. The President summons,
prorogues, addresses, sends messages to Parliament and dissolves the Lok Sabha,
promulgates Ordinances at any time, except when both Houses of Parliament are in session,
makes recommendations for introducing financial and money bills and gives assent to bills,
grants pardons, reprieves, respites or remission of punishment or suspends, and remits or
commutes sentences in certain cases. When there is a failure of the constitutional machinery
in a state, he can assume to himself all, or any of the functions of the government of that
state. The President can proclaim emergency in the country if he is satisfied that a grave
emergency exists, whereby security of India or any part of its territory is threatened, whether
by war or external aggression or armed rebellion.
Vice-President
The Vice-President is elected by members of an electoral college consisting of members of
both Houses of Parliament in accordance with the system of proportional representation by
means of single transferable vote. He must be a citizen of India, not less than 35 years of age,
and eligible for election as a member of the Rajya Sabha. His term of office is five years, and
he is eligible for re-election. His removal from office is to be in accordance with procedure
prescribed in Article 67 b.
The Vice-President is ex-officio Chairman of the Rajya Sabha and acts as President when the
latter is unable to discharge his functions due to absence, illness or any other cause, or till the
election of a new President (to be held within six months when a vacancy is caused by death,
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resignation or removal or otherwise of President). While so acting, he ceases to perform the

function of the Chairman of the Rajya Sabha.
Council of Ministers
There is a Council of Ministers headed by the Prime Minister to aid and advise the President
in exercise of his functions. The Prime Minister is appointed by the President, who also
appoints other ministers on the advice of Prime Minister. The Council is collectively
responsible to the Lok Sabha. It is the duty of the Prime Minister to communicate to the
President all decisions of Council of Ministers relating to administration of affairs of the
Union and proposals for legislation and information relating to them.
The Council of Ministers comprises Ministers who are members of Cabinet, Ministers of
State (independent charge), Ministers of State and Deputy Ministers.
Role and Functions of Judiciary in India
The Judiciary in India performs various important role and functions which do not remain
confined within the traditional jurisdiction of Civil and Criminal:
1. Prevention of violation of law: In case of violation of law, a suit is filed against the
offender. The judge hears both sides and decides whether there has been a break of the law.
In case of violation of law, the judiciary establishes justice by providing redress and
punishing the offender.
2. Making of new law: The judges, by way of interpreting the existing laws, make new
laws. The judiciary can follow precedents established in previous decisions; it can also
overrule such precedents, and thereby, makes new law.
3. Decides on constitutional questions: The highest federal Court, namely the Supreme
Court, decides constitutional questions. If there is any constitutional conflict or dispute
between the Union and the States or among different States, the dispute is brought to the
federal Court who decides and acts as the guardian of the federal constitution. There are
hundreds of such constitutional cases decided by the Indian Judiciary, Gopalan vs. the State
of Madras, Golak Nath vs. State of Punjab are few examples.
4. Interprets the constitution and Laws: In addition to adjudication, the responsibility of
safeguarding and interpreting the constitution and law rests on the judiciary. In the United
States the power of the interpretation is absolute as expressed in the words of Chief Justice
Charles Evan Hughes: We are under a constitution but the constitution is what the judges say
it is. But the Indian Court does not enjoy the vast power in this area.
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5. Administrative functions: The judges perform certain executive functions. Appointments

of officers and servants, maintenance of records, administration of staff etc. are performed by
the judiciary. Superintendence over lower courts is another function of the judiciary.
6. Advisory function: The highest court of the country sometimes gives advices to the
executive and the legislature on constitutional points, if sought for. Thus the Judiciary has
advisory functions too. If it appears that a question of law or fact has arisen, it may be
referred to the judiciary for its advice.
7. Protection of fundamental rights: The Judiciary acts as a protector of rights of the
citizens guaranteed by the law of the land and the constitution. The court can declare any law
which transgresses a fundamental right as invalid. In India the judiciary has the power to
issue writs in the name of habeas corpus, prohibition, mandamus, quo warranto and
certiorari.
8. Guardian of the constitution: The Judiciary is regarded as the guardian of the
constitution. In federal States this function is discharged by the application of the power of
judicial review. The Supreme Court of India enjoys limited power of judicial review in
invalidating laws made by Parliament or State Legislatures.
Importance of the Judiciary: The importance of the judiciary in a democratic society can
hardly be exaggerated. Judiciary is a part of the democratic process. Judiciary not only
administers justice, it protects the rights of the citizens and it acts as the interpreter and
guardian of the constitution. In many states the judiciary enjoys the power of judicial review
by virtue of which the judiciary decides the constitutional validity of the laws enacted or of
the decree issued. It can invalidate such laws and decrees which are not constitutional.
Judicial System in India
There is a single integrated judicial system in India. It is organized on pyramidal form. At the
apex of the entire judicial system stands the Supreme Court of India.
Immediately below the Supreme Court are the various High Courts and below them are be
subordinate courts in each state.
All the courts in the Union of India are under the control of the Supreme Court. And the
decisions of the Supreme Court are binding on all other courts within the territory of India.
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Supreme Court
The Supreme Court is the highest judicial tribunal in India. It consists of one Chief Justice
and twenty-five (25) other Judge. They are appointed by the President of India. A Judge
continues to remain in office till the age of 65 years. He may be removed by the President of
the Republic on a report of Parliament on, grounds of proved misbehavior or incapacity.
The Supreme Court has original, Appellate, writ and Advisory Jurisdictions.
Original Jurisdiction:
The Supreme Court has exclusive original jurisdiction in any dispute between
1. The Government of India and one or more states or
2. The Union Government and any State or States on the one side and one or more States
on the other,
3. Two or more states, if the disputes involves a legal right.
Appellate Jurisdictions:
When the matter is Constitutional, an appeal lies to the Supreme Court when the High Court
certifies that the case involves a substantial question of law as to the interpretation of the
constitution.
In civil cases, an appeal lies to the Supreme Court when the High Court certifies that the case
involve a substantial question of law of general public importance.
In criminal matters, an appeal lies to the Supreme Court when the High Court reverses the
acquittal order of the lower court and sentences him to death.
Writ Jurisdiction :
The Supreme Court of India is the protector of the fundamental rights of citizens. It may
issue writs in the nature of mandamus prohibition, habeas corpus, certiorari, and quo
warrantor for the enforcement of the rights and liberties of the people.
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Advisory Jurisdiction
Under the Constitution of India, the President of the Republic can refer to the Supreme Court
any question of law or fact of public importance for its opinion. And the Supreme Court may
report to the President its opinion thereon.
And lastly, the Supreme court may grant special leave to appeal from the judgment of any
court of India.
The Supreme Court is the interpreter and guardian of the constitution of India. It can annual
the unconstitutional laws and orders of the Union, and the State Governments.
High Courts
The constitution of India envisages a High Court for each state. Parliament may, however, by
law establish a common High court for two or more States.
Each High Court consists of a Chief Justice and one other Judges as the President of India
may determine from time to time. The Judges are appointed by the president in consultation
with the Chief Justice of India and the Governor of the concerned state. The Judges retire at
the age of 62. A Judges may be removed by the President of India on a report of Parliament.
Jurisdiction of High Court:
Every High Court enjoys original jurisdiction with respect to revenue and its collection,
cases of succession, divorce etc.
In its appellate Jurisdiction, it hears appeals from the lower courts in cases concerning salestax, income tax, copy right, patent-right etc. The High Court is a court of record and its
proceedings and decisions are referred to in future cases.
A High court can issue writs for the enforcement of fundamental rights or for any other such
purpose.
A High Court supervises the working of all subordinate courts and frames rules and
regulations for the transaction of business.
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The High Court is empowered to interpret the constitution of India. It can review the laws of
the State Legislature and may declare them null and void if they go against the provisions of
the constitution.
Again, if a High court is satisfied that a case pending in a lower court involves a substantial
question of law as to the interpretation of the constitution, it my dispose of the case itself.
Subordinate courts
There are subordinate courts below the High court in each state.
The courts are under the complete control of the High court. The lower court (e.g. Nyaya
Panchayat or Munsiffs court) deals with minor cases while the higher courts (e.g.,
subordinate Judges court or District Judges court) deal with important cases.
Appeals lie to the higher courts from the lower courts. An appeal may also lie to the High
Court against the decisions of the District judges court or the Session Judges court.
In a Presidency town, there are city civil courts and Metropolitan Magistrates courts.
In this connection, we are to note that most of the Judges of the subordinate courts are
appointed by the Governor in consultation with the High Court of the concerned State.
Powers and Functions of Supreme Court in India
The role and position of the Supreme Court is vital in the judicial and political system of
India. The primary duty of the Supreme Court is to ascertain whether the laws are executed
and obeyed properly and to see to it that no person is deprived of justice in any court of law.
With this purpose in view, the Supreme Court occupies the highest place in our unitary
judicial system. Attempt has been made, as far as possible, to ensure its independence and
achieve the goal of ensuring justice.
The Supreme Court has been equipped with enormous powers. By virtue of its place at the
apex of the judicial pyramid, the Supreme Court acts as a great unifying force. We have seen
that its decisions and verdicts are binding on any court in India. As a result, there is a good
possibility of integration, consistency and cohesion in the entire judicial system of the
country.
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Role and Functions

The role and functions of the Supreme Court in our judicial and political system may be
discussed under the following heads:
As a Federal Court: Supreme Court is the Federal Court of India, India being a federation;
powers are divided between the Union and State governments. The Supreme Court of India
is the final authority to see to it that the division of powers as specified in the constitution is
obeyed by both the Union and the State governments. So, Article 131 of the Indian
Constitution vests the Supreme Court with original and exclusive jurisdiction to determine
the justiciable disputes between the Union and the States or between the States.
Interpreter of the Constitution and Law: The responsibility of interpreting the constitution
rests on the Supreme Court. The interpretation of the constitution which the Supreme Court
shall make must be accepted by all. It interprets the constitution and preserves it. Where a
case involves a substantial question of law as to the interpretation of the constitution either
certified by the High Court or being satisfied by the Supreme Court itself, an appeal shall lie
to the Supreme Court for interpretation of the question of law raised.
As a Court of Appeal: The Supreme Court is the highest court of appeal from all courts in
the territory of India. Appeal lies to the Supreme Court of the cases involving interpretation
of the constitution. Appeals in respect of civil and criminal cases also lie to the Supreme
Court irrespective of any constitutional question.
Advisory Role: The Supreme Court has an advisory jurisdiction in offering its opinion an
any question of law or fact of public importance as may be referred to it for consideration by
the President.
Guardian of the Constitution: The Supreme Court of India is the guardian of the
constitution. There are two points of significance of the Supreme Courts rule as the
protector and guardian of the constitution.
First, as the highest Federal Court, it is within the power and authority of the Supreme
Court to settle any dispute regarding division of powers between the Union and the
States.
Secondly, it is in the Supreme Courts authority to safeguard the fundamental rights of
the citizens.
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In order to discharge these two functions it is sometimes necessary for the Supreme Court to
examine or review the legality of the laws enacted by both the Union and the State
Governments. This is known as the power of Judicial Review. Indian Supreme Court enjoys
limited power of Judicial Review.
Writ Jurisdictions: Under Article 32 of the constitution of Supreme Court can issue Writs
for the enforcement of fundamental rights. These writs are in the nature of Habeas Corpus,
Mandamas, Prohibition, and Quo-warranto Certiorari.
Power of Judicial Review and Supreme Court: The power of the Judiciary to examine the
validity of such law is called Judicial Review. The Supreme Court of India enjoys limited
power of Judicial Review. Judicial Review empowers the courts to invalidate laws passed by
the legislature. Supreme Court of India also enjoys the power of Judicial Review. If it occurs
to the Supreme Court that any law enacted by Parliament or by a State Legislature curbs or
threatens to curb the citizens fundamental rights, the Supreme Court may declare that law as
unlawful or unconstitutional. If any law is inconsistent with the spirit or letter of the
constitution and if the government oversteps the legal bounds, it is for the Supreme Court to
see to it.
Federal Features of the Indian Constitution
The Indian federal system of today has many such characteristics which are essential for a
federal polity. The main federal features of the Indian Constitution are as follows:
1. Written Constitution: The Indian Constitution is a written document containing 395
Articles and 12 schedules, and therefore, fulfils this basic requirement of a federal
government. In fact, the Indian Constitution is the most elaborate Constitution of the world.
2. Supremacy of the Constitution: Indias Constitution is also supreme and not the handmade of either the Centre or of the States. If for any reason any organ of the State dares to
violate any provision of the Constitution, the courts of laws are there to ensure that dignity of
the Constitution is upheld at all costs.
3. Rigid Constitution: The Indian Constitution is largely a rigid Constitution. All the
provisions of the Constitution concerning Union-State relations can be amended only by the
joint actions of the State Legislatures and the Union Parliament. Such provisions can be
amended only if the amend-ment is passed by a two-thirds majority of the members present
and voting in the Parliament (which must also constitute the absolute majority of the total
membership) and ratified by at least one-half of the States.
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4. Division of Powers: In a federation, there should be clear division of powers so that the
units and the centre are required to enact and legislate within their sphere of activity and
none violates its limits and tries to encroach upon the functions of others. This requisite is
evident in the Indian Constitution.
The Seventh Schedule contains three Legislative Lists which enumerate subjects of
administration, viz., Union, State and Concurrent Legislative Lists. The Union List consisted
of 97 subjects, the more important of which are defence, foreign affairs, railways, posts and
tele-graphs, currency, etc.
The State List consisted of 66 subjects, including, inter-alia public order, police,
administration of justice, public health, education, agriculture etc. The Concurrent List
embraced 47 subjects including criminal law, marriage, divorce, bankruptcy, trade unions,
elec-tricity, economic and social planning, etc.
The Union Government enjoys exclusive power to legislate on the subjects mentioned in the
Union List. The State Governments have full authority to legislate on the subjects of the
State List under normal circumstances. And both the Centre and the State cant legislate on
the subjects mentioned in the Concurrent List, The residuary powers have been vested in the
Central Government.
5. Independent Judiciary: In India, the Constitution has provided for a Supreme Court and
every effort has been made to see that the judiciary in India is independent and supreme. The
Supreme Court of India can declare a law as unconstitutional or ultra Vires, if it contravenes
any provisions of the Constitution. In order to ensure the impartiality of the judiciary, our
judges are not remov-able by the Executive and their salaries cannot be curtailed by
Parliament.
6. Bicameral Legislature: A bicameral system is considered essential in a federation
because it is in the Upper House alone that the units can be given equal representation. The
Constitution of India also provides for a bicameral Legislature at the Centre consisting of
Lok Sabha and Rajya Sabha.
While the Lok Sabha consists of the elected representatives of people, the Rajya Sabha
mainly consists of representatives elected by the State Legislative Assemblies. However, all
the States have not been given equal representation in the Rajya Sabha.
7. Dual Government Polity: In a federal State, there are two governmentsthe national or
federal government and the government of each component unit. But in a unitary State there
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is only one government, namely the national government. So, India, as a federal system, has
a Central and State Government.
Center State Relation in India
Center-State relations means the relations between Center and its units where there exist
Federal System. It is of great importance in a country like India constrained by regionalism,
religion, uneven development, demand for autonomy, identity politics, competing political
interests, caste and race. Gopal Krishna Gokhale was the first person who proposed for
devolution of financial authority among Provinces under Decentralisation Commission in
1908.
In January 1947, Union Powers Committee (Nehru as Chairman) submitted its first report on
April 17, 1947, outlining the scheme of distribution of powers between the Union Govt. and
the provinces. The Govt. of India Act 1935 proposed to set up a federal polity in India, with
a central government and the Provinces deriving their jurisdiction and powers by direct
devolution from the Crown. Article 1 of Indian Constitution describes India as a Union of
State. In the Constitution, the classification of Centre-State relation is inside the Three
Points1-Legislative Relations
Article 245 to 255 contain a charter of the distribution of legislative powers between the
Union and the States. There are three types of lists in the Seventh Schedule of constitution;
i.e. Union List (eg. Security, war, Citizenship, post, finance), State List (eg. Law and order,
justice, Jail, Police, Irrigation, Health) and Concurrent List (eg. Education, Marriges, penal
code, Criminal and Civil) consisting of 97, 66 and 47 items respectively. Union Parliament
have jurisdiction to make laws in regard to items in the Union List.
The State legislation has exclusive powers power to make laws in respect of items in the
State List. On the matter of Concurrent List both Union and State legislatures could legislate
on its Items. State Govt. can not legislate on the subjects of Union Govt. but Union can make
laws on State subjects in certain Circumstances. Like, If the subject of State list is National
Interest OR If the state legislature wants the interference of Union OR on the failure of State
Govt. machinery OR on the time of Emergency.
2-Administrative Relations
Article 256 to 263, seek to regulate administrative relations between the Union and the
States. In the other words Union controlled the administrative system of the States. The
Indian Constitution is based on the principle that the executive power is co-extensive with
legislative power, which means that the Union executive/the state executive can deal with all
matters on which Parliament/state legislature can legislate.
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The executive power over subjects in the Concurrent list is also exercised by the states unless
the Union government decides to do so. The Centre can issue directives to the state to ensure
compliance with the laws made by Parliament for construction and maintenance of the
means of communications declared to be of national or military importance, on the measures
to be adopted for protection of the railways, for the welfare of the scheduled tribes and for
providing facilities for instruction in mother tongue at primary stage to linguistic minorities.
The Centre acquires control over states through All India Services, grants- in- aid and the
fact that the Parliament can alone adjudicate in inter- state river disputes. During a
proclamation of national emergency as well as emergency due to the failure of constitutional
machinery in a state the Union government assumes all the executive powers of the state.
The top official of state i.e. IAS and IPS, appointed by Centre Govt.
3-Financial Relation
Both the Union government and the states have been provided with independent sources of
revenue by the Constitution. Parliament can levy taxes on the subjects included in the Union
list (Income Tax, Agriculture Taxes, Export duty, Production tax, Custom Duty). The states
can levy taxes on the subjects in the State list (Land, House, Sales, Vehicle, House tax).
Ordinarily, there are no taxes on the subjects in the Concurrent List.
The Centre can exercise control over state finances through the Comptroller and Auditor
General of India and grants. But during Financial emergency the President has the power to
suspend the provision regarding division of taxes between the centre and the states. Centre
provides the states various types of Grants-in-aid and Loans.
Finance Commission One of the instruments which the Constitution has evolved for the
purpose of distributing financial resources between the Centre and the states is the Finance
Commission. The Finance Commission according to Article 280 of the Constitution is
constituted by the President once every five year and is a high- power body.
The duty of the Commission is to make recommendations to the President as to: (a) the
distribution between the union and the states of the net proceeds of the taxes which are to be
divided between them and the allocation between the states themselves of the respective
share of such proceeds; (b) the principles which should govern the grants-in-aid of the
revenues amongst the states out of the Consolidated Fund of India. At present the 13th
Finance commission is working. The Chairman of 13th Finance commission is Vijay L
Kelkar.
Sarkaria Commission Sarkaria Commission was set up in March 1983 by the central
government of India. The Commission was so named as it was headed by Justice Rajinder
Singh Sarkaria, a retired judge of the Supreme Court of India. The other two members of the
committee were Shri B Sivaraman and Dr SR Sen. The Sarkaria Commissions charter was
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to examine the relationship and balance of power between state and Central governments and
suggest changes within the framework of Constitution of India.
The Commission after conducting several studies, eliciting information, holding discussions
and after detailed deliberations submitted its 1600 page final report in January 1988. The
final report contained 247 specific recommendations. The important recommendations are as
follows:There should be formed an Inter-State Council (according to article 263) to solve the Center
State Problems. States should given the right to amend the Laws regarding State List.
Discussion between State and Centre should be compulsory on making laws regarding
Concurrent List. There should be distribution of Income and Production taxes.
Public Service Commission in India
Articles 315 to 323 in Part XIV [1] of the Constitution of India provides for the
establishment of Public Service Commission for the Union and a Public Service Commission
for each State.The same set of Articles (i.e., 315 to 323 in Part XIV) of the Constitution also
deal with the composition, appointment and removal of members,power and functions and
independence of a Public Service Commission.Union Public Service Commission to conduct
examinations for recruitment to all India services and higher Central services and to advise
the President on disciplinary matters.State Public Service Commission in every state to
conduct examinations for recruitment to state services and to advice the governor on
disciplinary matters.
Functions of Public Service Commissions.(1) It shall be the duty of the Union and the State Public Service Commissions to conduct
examinations for appointments to the services of the Union and the services of the State
respectively.
(2) It shall also be the duty of the Union Public Service Commission, if requested by any two
or more States so to do, to assist those States in framing and operating schemes of joint
recruitment for any services for which candidates possessing special qualifications are
required.
(3) The Union Public Service Commission or the State Public Service Commission, as the
case may be, shall be consulted(a) on all matters relating to methods of recruitment to civil services and for civil posts;
(b) on the principles to be followed in making appointments to civil services and posts and in
making promotions and transfers from one service to another and on the suitability of
candidates for such appointments, promotions or transfers;
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II SEM BCOM
(c) on all disciplinary matters affecting a person serving under the Government of India or
the Government of a State in a civil capacity, including memorials or petitions relating to
such matters;
(d) on any claim by or in respect of a person who is serving or has served under the
Government of India or the Government of a State or under the Crown in India or under the
Government of an Indian State, in a civil capacity, that any costs incurred by him in
defending legal proceedings instituted against him in respect of acts done or purporting to be
done in the execution of his duty should be paid out of the Consolidated Fund of India, or, as
the case may be, out of the Consolidated Fund of the State;
(e) on any claim for the award of a pension in respect of injuries sustained by a person while
serving under the Government of India or the Government of a State or under the Crown in
India or under the Government of an Indian State, in a civil capacity, and any question as to
the amount of any such award.
Powers of Union Public Service Commission (U.P.S.C)
One of the most significant powers of the U.P.S.C. is its advisory power. It can give advises
to the President and the governors of any State of the following affairs,
Firston all matters related with the appointment of the civil services of the
governments,
Secondthe evaluation of the standard and efficiencies of the candidates for
appointment, promotion or transfer in all civil posts.
Thirdon all matters regarding the discipline and punctuality of the employees of all
India Services,
Fourthaffairs related with the demands and benefits of employees working under the
All India Civil Services and injured while on duty,
Fifthwhether the payment or expenditure for any work of an employee of All India
Civil Services will be borne by the consolidated fund of India.
Sixth regarding discipline and punctuality in government functions of paying
compensation to a government employee if he suffers any problem or financial loss
due to the negligence on the part of the government, matters related with the
punishment measures of those employees who have violated discipline or of all
matters related with the interest of the government employees working under the
central government.
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II SEM BCOM

absolutely, a constitution is established to restrict the abuse of power by those who

Making or Framing of Indian Constitution

NEW ALLIANCE COMMERCE COLLEGE, CHANNARAYAPATNA

8. Universal Adult Franchise: Adult Franchise: The system of election of representatives by

NEW ALLIANCE COMMERCE COLLEGE, CHANNARAYAPATNA

NEW ALLIANCE COMMERCE COLLEGE, CHANNARAYAPATNA

Amendment of the Constitution

1915: The Defence of India Act.

1934: Civil Disobedience Movement called-off.

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NEW ALLIANCE COMMERCE COLLEGE, CHANNARAYAPATNA

NEW ALLIANCE COMMERCE COLLEGE, CHANNARAYAPATNA

NEW ALLIANCE COMMERCE COLLEGE, CHANNARAYAPATNA

Budget session: February to May.

Monsoon session: July to September.

Winter session: November to mid December.

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II. Method of Election:

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Finally, the cabinet government in India, as it is In Britain, is the Prime Ministers

Emergency due to armed rebellion or external aggression;

Proclamation of National Emergency by the President of India: The President of India

Appointment of the Prime Minister,

Dismissal of the Union Ministry,

Dissolution of the Lok Sabha, and,

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NEW ALLIANCE COMMERCE COLLEGE, CHANNARAYAPATNA

Lok Sabha and Rajya Sabha of Parliament;

Recognition of Political Parties and Allotment of Symbols: It is one of the important

NEW ALLIANCE COMMERCE COLLEGE, CHANNARAYAPATNA

Zila Parishad at the District Level

Panchayat Samiti at the Block/ Tehsil/ Taluka Level

Gram Panchayat at the Village Level

Structure of the PRIs

Fundamental Rights and Duties

(d) Freedom to move freely throughout the territory of India

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6. Maternity Benefit Act (1961) regulates the employment of women in certain

2. Plantation Labour Act (1951)

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Enforcing rights through writs

Difference between Prohibition and Certiorari:

2. Consult all affected interest groups who are possible allies.

Directive Principles of State Policy

The State should strive to promote the welfare of the people.

Maintain social order through social, economic and political justice.

The State should strive towards removing economic inequality.

Removal of inequality in status and opportunities.

To secure adequate means of livelihood for the citizens.

Equal work opportunity for both men and women.

Prevent concentration of wealth in specific pockets through uniform distribution of the

Prevention of child abuse and exploitation of workers.

Protection of children against moral and material abandonment.

Organisation of Village Panchayats which will work as an autonomous body working

Prohibition of alcoholic drinks, recreational drugs, and cow slaughter.

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NEW ALLIANCE COMMERCE COLLEGE, CHANNARAYAPATNA

national importance, from spoliation, disfigurement, destruction, removal, disposal or export,

Constitution and Sustainable Development

(ii) Sustainable Development

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NEW ALLIANCE COMMERCE COLLEGE, CHANNARAYAPATNA

resignation or removal or otherwise of President). While so acting, he ceases to perform the